How to deal with difficult employees when nothing else works

December 18, 2007

Employee Dismissal - A jobholder can still sue you for unlawful

Dealing with difficult employees? Here's the next thing to consider

A jobholder can still sue you for unlawful termination. Her representative must be an employee, and her attorney-at-law can't be the representative. As you now know, separating a worker is not as simple as saying "you're terminated." It's a legal process and is therefore much more complicated that it appears on the surface. Then, you should notify the jobholder that you have placed paperwork in her or his employee file and this individual must sign the paperwork to show that he or she has read it. Likely, the individuals sacked were friends with some of the remaining workers.

By spreading rumors that you're going to dismiss an employee, you may find yourself with more of a muddy mess than when you began. As a supervisor and executive, I've always appreciated the Human resources department's help. If the employee refuses to sign, document this fact as well and have another supervisor sign that he or she witnessed the jobholder's refusal. It is important to remember a court can use the letter as legal proof in the future, so it is important to draft a copy and have someone else in the personnel department review it. If a few people feel like they are singled out, it will affect overall jobholder productivity. Here's an example of a high risk separation. In addition, you will create a better working environment for the workers remaining at the business. Action that is too forgiving will send the message that you'll tolerate insubordination can lead to trouble down the road as other employees push to find your limits. Because you're no longer afraid of a defamation suit, you can tell your competitor the truth and get your revenge. I call this a negotiated separation. An insubordinate employee can ruin moral and cause various other problems in the workplace.

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Dealing with difficult employees? Here's the next thing to consider