August 15, 2008
When the employer has no papers and gives (Severance Package)
When the employer has no papers and gives no legitimate reason for sacking, the courts typically favor the jobholder. The rehabilitative forms you complete prove that you did not separate an employee on whim or because of discrimination. Certainly, the separated employee will claim your "real" reason for firing her was an unlawful one. This highlights the seriousness of the circumstances. The worker lay off notification is a key document in this method. Once you give the date of the firing, provide your grounds for it. This includes minimizing the chance of a unlawful layoff suit and ensuring the firm can afford the dismissal package. You must not give your opinions about why the employee failed to follow procedures or to work up to expectations. You should also make workforce aware of the specific departments affected if possible.
Writing formal notification notices on employee performance. Unfortunately, she didn't improve, so 30 days ago you gave her a written warning. Otherwise the jobholder will destroy the group spirit and productivity of your workforce. Some employers provide advanced warning to their workforce, while others wait until right before the layoff. Provide specific rationale for firing the worker, their problem behaviors and dates these problems occurred. You may have been told that to "legally" fire you must document the jobholder's performance problem and bad behavior. When giving a reference, you should disclose information the future employer desires to know about your ex-employee.