May 23, 2009
After any employee separation, you should handle exit (Employee Termination Letter)
After any employee separation, you should handle exit interviews and worker references. Here is where sacking jailed personnel becomes sensitive and you should proceed carefully. The next step in the termination procedure is to make sure the employee knows what they have done wrong. By doing this, you are not only showing the worker that she is not being terminated due to her pregnancy, but you are also providing information to anyone giving her legal advice. If you separate both, you would get a wrongful dismissal claim for sexual harassment from both women. If the hiring manager isn't available, then transfer the bad employee to a manager in her protected class. In a recent Cornell University study, researchers found that how the business sacked the jobholder was a major factor in any resulting law suit. Hr can deal with these types of problems in any number of ways. If you offer a better severance package in exchange for a release, the notice should state this.
If reprimands do not get through, you may have to fire the problem employee. Legal counselors and Human resource professionals call this a separation by mutual consent or a negotiated layoff. If handled badly, you'll have performance and esprit de corps problems for months. During a dismissing, you must cover why they will no longer be working at the firm. In my experience, many "not-so-smart" managers still go the "no-reason" or "stupid reason" route when dimissing a difficult employee. This might include whether the separated employee will receive any benefits. It's a tricky aspect, for many reasons.