October 31, 2009
Misconduct - Escalating discipline is not necessary for insubordination, such
Escalating discipline is not necessary for insubordination, such as sexual harassment, theft, fighting, or cursing out a supervisor. First to layoff an employee, you must prepare. Even if you are an experienced Hr Supervisor, you must remain continuously up-to-date in the best practices for employee separation.
Although it's voluntary, the jobholder will almost always resign and accept the separation package when it gets big enough. Just before the layoff, change any passwords that provide access to the worker to any computer network accounts, financial records or other sensitive material. If you don't know how to use escalating discipline or how to write a proper lay off notice, you need a copy of my book, "Employee termination guidebook." You can get it at my website: If the worker is a hazard to any company and its employees (such as prone to violence or theft), then it's your duty to include this in your memorandum and phone references. Employee Rights In Lay off: Know What They Are Before You Fire. If your termination form is long, management will likely place it in a pile to read later, or maybe never. If anything, these forms will provide your legal department or your small company's legal defender with enough evidence against the jobholder should legal problems arise from the termination. Experiencing Safety Hazards Owing to a Disgruntled employee. If worker is still uncertain, give him more time and sweeten the pot. If you find the dismissed employee has gotten her lawyer involved unexpectedly, just make a change. The jobholder also should sign the form, so it becomes evidence the employee knew the reasons behind the termination. In fact, he'll be expecting it because you recorded the lackluster performance and misconduct through progressive discipline and investigations.