August 11, 2011
Separation Notice - It is potentially dangerous to lay off a
It is potentially dangerous to lay off a pregnant worker because, under the Pregnancy Discrimination Act (which is part of Title VII of the Civil Rights Act of 1964), it's improper to discriminate against pregnant personnel. Document the dismissal through progressive discipline or inquest of overwhelming misbehavior. If you build up proof against the worker without doing this, he or she may later claim the problems all resulted from the disability. If you're dealing with a troubled (or troublemaking) worker, this can be a blessing because without having to deal with problem employees can be wearing, both to the workplace and the supervisor. Lastly, there'll be a few other tasks to complete.
If your business can afford it, you should offer a package to each worker which is better than your guideline package. If you make an error when separating a hostile worker, you could be condemning your company to bankruptcy or liquidation. First it is helpful not to burn bridges with previous workforce. Asking the worker to leave makes the most sense when the employee is low risk. In short, you should provide the specific rationale for separating the jobholder, their problem behaviors and dates these problems occurred. By following the standards as described in a book written by an expert in the field, you can be certain that you have followed the proper procedures and will be able to avoid a potential lawsuit. Most importantly, your worker separation agreement should specify the jobholder can't hold your small company liable for any debt or to bring a legal action against your small business. In other words, it is not a good public relations move to terminate workforce without prior knowledge. * Have you taken other measures to bring back the jobholder within good standing? You cannot compromise like this, and therefore you should know the proper employee dismissal techniques. It also can prevent you from turning up on the wrong end of a wrongful lay off law suit.