By Sutter Law a San Francisco Business Law Firm
LABOR LAW:
Business is business, and under certain circumstances, getting the difference between getting the job done and getting the job done right may mean ‘letting go’ of that employee who has become more of a burden to productivity than an asset.
These are stressful circumstances for both parties, and it is crucial that you as an employer establish (and enforce) a policy somewhere between the ‘it’s not you, it’s me’ break-up talk and the more Donald Trump’s blunt strategy for the employee termination talk, “you’re fired.” Follow this list of do’s and do not’s, and you should complete the process with ease.
DO keep detailed documentation of every infraction your employee commits, as well as a written record showing said employee was made aware of the mistake, including penalties for future violations.
Though this may increase paperwork, should termination become necessary it will help you as an employer avoid potential discrimination lawsuits and unwarranted unemployment assertions.
Some employees follow the rules as well as any third-grade teacher’s pet but still hinder business productivity.
This is a common scenario in which adherence to rules and policy is not what is at issue, but consistent, under-par individual performance requires further action.
In this situation, it is important to have a log of your employee’s work and progress.
DO make it a policy to keep records of performance for all employees as related to the scope of their individual job description, as this evidence of sorts will prove crucial should termination become necessary.
You’ve warned your employee, he or she was made aware of the consequences, and you still find yourself correcting their errors,
DO have an established policy for employee termination. Equally as important to the policy itself is its non-biased enforcement.
There should be written, expressed documentation of both the grounds that warrant a termination, as well as the means of doing so. All employees should become familiar with this policy upon hiring.
Just like break-ups, firing coworkers can be messy,
But DON’T be tempted to treat each incident on an individual basis, as this could invite a slew of discrimination complaints with lawsuit potential. So as hard as it may be to give your friend and coworker the slip,
DO stay true to your policy and ensure this is done from a neutral, unbiased perspective.
DON’T draw out the process. Be assertive and to the point, and pull off this less-than-pleasant conversation quickly like a Band-Aid.
DO temporarily redistribute the ex-employee’s responsibilities amongst your other employees; this will help ensure there is no work deficit in this position during the hiring process.
DO end on the best note possible, a handshake and wishing well can go a long way.
DO pay them severance and give them a severance agreement that prevents them from suing your company in the future.
It is highly recommended that you speak with a San Francisco Business Attorney before you take the final step. For a free consultation contact Sutter Law.
