The
sensible way to fire an at will employee...
Why is it the worst at will employees, the ones that
you simply must fire, are always the ones most likely
to sue you? Many small business owners and Human Resources
Managers find themselves asking this question. They
must know how to terminate an at will employee while
limiting their liability if the case goes to court.
With the sue-happy nation we live in, it is easy for
a terminated at will employee to bring a case against
you and claim that you had no real ground for termination.
In fact, the at will employee may claim that you discriminated
against him or her. This can get you in both financial
and legal troubles. Therefore, you must know how to
terminate an at will employee properly to keep yourself
out of hot water.
How to Terminate an At will employee Step 1: Document
The first step you need to take when terminating an
at will employee is to document everything. You may
think that writing down every little detail is time-consuming
and tedious – and it is. Nonetheless, it is necessary.
Pay attention to details when documenting problems.
This can be a life saver if legal troubles follow the
termination. Make sure you write down everything that
took place, including the situation, the time it took
place, and the actions you took to correct the problem.
How to Terminate an At will employee Step 2: Discuss
it with the At will employee
In step two, you must discuss the issue with the at
will employee. During your discussion, you must tell
the at will employee what he or she did wrong, tell
him or her the actions you will take, and warn him
or her of the consequences if the action reoccurs.
Document this discussion and have the at will employee
sign paperwork proving you addressed the matter and
that he or she is aware of the outcomes.
Sometimes, an at will employee will refuse to sign
this documentation. If this is the case, have another
supervisor sign as a witness to your discussion. If
there are no other supervisors, document the date and
time and note the at will employee refused to sign.
How to Terminate an At will employee Step 3: The
Exit Interview
If you have completed the first two steps in the termination
process and the at will employee still is not working
up to your expectations, it is time to begin termination
proceedings. To do this, you will need to coin an at
will employee termination letter that details the reason
for dismissal and the effective date of termination.
It should also include whether the at will employee
is eligible for rehire and any benefits that he or
she may or may not still receive after termination.
Finally, sit down with the at will employee and discuss
the termination letter. Keep the exit interview brief
and avoid saying too much, as anything you say can
be used against you later if the at will employee decides
to file a lawsuit.
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