March 26, 2008
Forced Resignation - California Delays Plan to Track Prescription Drugs
In a reprieve for the pharmaceutical industry, California regulators agreed to delay a requirement that prescription drugs be electronically tracked to thwart counterfeiting.
But the good news is the loss of productivity is for the most part short-lived. In this case, you must have clear records showing the economic reasons you couldn't create a job for the employee or why she doesn't have the skills needed to do an alternative job. If a small business owner does not reinforce on regular basis the communication channels between him and his workforce, a departure of a jobholder can disrupt the business and heavily impact overall employee group spirit. Identify the type of separation you're dealing with. This will assist you during the discussion with your difficult employee. If this was a low-risk separation, you must offer a small increased severance in return for a release. * DO ask about the impact of the work environment to the jobholder's job satisfaction. By reading the memorandum instead of speaking offhand, you'll be sure of giving the correct message. (Make sure you send the written offer to his home by certified mail with a return receipt to prove he got it.)
At this point, your employee warnings become the evidence the business desires to terminate this individual. And every court in the land recognizes the right of employers to fire for business desires. Here's an example of a high risk separation. In the first paragraph, the letter should clearly state that this worker is being separated. At the close of the dismissal meeting, give the original copy of the worker dismissal memorandum to the former worker while keeping a copy for your records. Illegal Conduct/ Whistle-Blowing/ Litigation. I recommend this alternative for high risk dismissals.