February 1, 2010
Employers Rights - A low risk termination is one where the
A low risk termination is one where the worker is unlikely to sue, and you have suitably documented a lawful reason for sacking. An exit interview is an ideal time for her to return business property. Don't e-mail (or fax her) the firing documents until you have told her she's dismissed. For many supervisors, this is a surprising result of a probe. Finally, any sample separation notice template should include some suggestions on how to make the notification unique to the person writing it. An exit interview is significantly more difficult to conduct than a job interview, or even a performance review, because there is good chance the worker leaving is unhappy with you as their employer.
Even if you know the termination is necessary, it is difficult to look someone in the eyes and tell him or her that their services are no longer needed. I suggest the employee's boss does the dismissal, unless you're also terminating this supervisor. If nothing else, it will keep your company out of the headlines and where it should be headed, towards success. Employees want to know why you're firing them and juries agree the workers have a right to know. Also you should have policies on the dismissal procedure and conditions for a termination. If the worker fails to upgrade as the result of escalating discipline, you will have built a sufficient case to layoff the worker without risk of facing a litigation. You also need to prepare for the severance terms you're willing to offer and prepare the layoff letter and separation agreement. Keep a good sample, one that's basic and can conform to whatever circumstance you are dealing with. After setting the date and time, you should pick a management witness for the firing meeting. An insubordinate worker can hurt the group spirit and success of a business.