May 6, 2009
Misconduct - As a business owner or manager, you should
As a business owner or manager, you should handle worker terminations in a responsible manner. In other words, do whatever you can to change the insubordinate individual's annoying habits or lay off the worker outright. If the employee is harassing other personnel, for example, a court can find you guilty of failing to discipline the employee for his or her actions. I never could get this job right." Include any threats of suit or violence. If you're laying off union personnel, you should follow the rules stated in the collective bargaining agreement. As long as you describe the reasons in detail, you are in good shape as an employer. At the same time, the tone of the letter should be polite and truthful. In fact, there's a trend for judges to treat "exempted" small businesses the same as big companies on separations. In such cases, you may need to step away from the worker and get help confronting them. If you just blindly react to the jobholder in question, it can create chaos in the workplace. Besides personally telling this person in a dismissal meeting that you are dismissing them, you must complete a series of steps before reaching this point. If you do not take action against the insubordinate employee, this individual can quickly and easily cause your other personnel to become difficult.
If you do not have enough papers or appropriately recorded documentation, you can not build a strong case to back up your termination decision. At the wrong times, employee gross misconduct can lose potential clients, or worse, lose current ones. It is an intimidating action to do at first, since you're sending a sacked worker into unemployment.