January 13, 2008
And, a jury won't find your reason credible (Laying Off Employees)
And, a jury won't find your reason credible because you have nothing in writing or you never gave the employee a chance to increase. In short, a great deal of thought and preparation is necessary before you dismiss personnel. Sample Dismissal Notices to Get You Started. Having a sample letter of insubordination on file can help you through most insubordination issues. Although the definition of employment at will favors the manager, it commonly fails to protect you when you layoff a worker. In approaching termination, you should use progressive discipline.
Expect to settle for a big sum or to pay a big jury award. In that event, you need to be ready to follow good processes for layoff. Since you recorded everything, it will be hard for them to turn around and say they were fired for no reason. Estimate your risk of a litigation with each person on the "hit list.". First to fire a worker, you must prepare. It is also important to remind the employee that they can appeal the decision for dismissal). However, there's one problem with worker handbooks from a lay off perspective. If you fail to meet these directives, you'll be subject to further discipline including the possibility of termination. In the rare cases where you can't settle and the worker is going to court, you need to get yourself a good employment legal adviser.