June 1, 2010
Seldom is the "real" (Terminate Employee) reason for the layoff
Seldom is the "real" reason for the layoff an improper one. You did an examination for gross misbehavior (sexual harassment) according to the methods in Chapter 7. When you can't afford a large severance package, you must look for ways to invalidate the employment contract.
Review Chapter 10 in The Employee termination guidebook to get the details on how to handle negotiated dismissals. Not only should you follow all methods for rehabilitative action or warnings, but you also should write everything down. Therefore, you're just as exposed to a unlawful lay off suit as when you fired the guy straight away . Mention the warnings you previously gave the jobholder and how they have lead to the decision for layoff. Unfortunately if you do not deal with it, you will do a disservice to your many diligent, hardworking workers. To cut your risk of a suit, you should not appear to sack wrongfully. To qualify for these extra severance benefits, you agree to release unconditionally [The business] and its representatives from liability for ANY claim arising from your employment including this lay off. Since the employee has done something to warrant their layoff, there is not much need to make the worker feel better about their circumstances. You need a sample notification of misbehavior. Now, firm has dropped off significantly, and you need to layoff a person. You must give this manual to each new worker when they join the company or business. They think if they don't sign the paperwork, your evidence for firing is invalid.