How to fire an employee not to be prosecuted
Each boss finally face the difficult task of firing an employee. While experienced professionals can learn to distance themselves from the process, dismissing someone is easy. Complicating matters is today’s litigious society, where companies are constantly faced with the fear of a lawsuit.
Most companies are protected to some extent by the laws at will, allowing the dismissal of employees without reason. This language may also be incorporated in all contracts, providing an additional layer of protection. However, employment will not be an employee for filing a claim for unfair dismissal and even if the courts fail in their favor, your company will be required to pay court costs. It is best to take some steps to protect yourself before dismissing an employee to avoid a costly legal proceedings.
Since it is often difficult to determine the style of work of an employee before starting work, many companies choose to establish a trial period during which employees can be fired. It does not offer complete protection against prosecution, but probationary employees have fewer rights of employees are full. Another option is to bring contractors or temporary workers and try it before making a decision. Although this is a viable option, it may work better in the labor market employer because good workers are less likely to have a temporary assignment to work full-time promise when full-time positions are available.
Often, an employee begins to show signs of a good problem before the employer is ready to fire the employee. Since the behaviors are observed, take note of the dates, times and measurements that are relevant to the possible dismissal. issue written warnings and conducting official tests that require the employee to sign and date. This may be evidence that the employer provides the employee the opportunity to change things.
Know the laws.
Before dismissing an employee, a company must be familiar with the laws that could protect that employee. Is it in a protected class as specified in Title VII of the Civil Rights Act of 1964? If an employee terminates protected by the law of family and medical leave, you may be asked to reinstate the employee once he or she is allowed to return to work. If the decision is in retaliation for an action the employee has taken, it may also be responsible for unfair dismissal.
Say the right thing.
When the time comes to fire the employee, what you say may be used against you. State fire the employee “for cause,” but not the specifics of the state. Many workplaces are finding that merely stating that the company “going in a different direction” is safer than blame the employee’s conduct. The discussion should be brief, stating the facts. If an employee is emotional, the administrator must follow to stay on course, keeping as professional as possible.
Involve human resources.
Severance pay can go a long way to minimize the potential wrath of an employee. The day of the termination meeting, invite a Human Resources representative to sit and handle the paperwork. This will allow the employee to move your attention to logistics instead of dropping them. For smaller companies without HR departments, who have an office manager sitting in the process could be just as effective.
While dismissing an employee is never easy, working hard to prepare in advance, a manager can ease the transition back to their tasks as soon as possible. In many cases, the manager never hear the employee again, but if a terminated employee decides to take legal action, a manager well prepared should have nothing to fear.