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Terminate employment?
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Terminate employment?

ok. There is this employee who is carrying rumors trying to form a sort of "mutiny " against the foreman. This employee and the foreman were engaged in an argument. The next day he began to carry rumors trying to undermine the authority against the foreman. How is the best way to go about firing him, and avoiding legal issues.


    




Timmy
The steps you take when you prepare to fire an employee matter. Unless the actions of the employee require immediate dismissal from the premises, progressively more intense feedback to the employee about his work performance is in order. Make sure you are communicating with the employee by obtaining feedback from the employee that you are communicating effectively. Keep in mind that the goal of the feedback is to help the employee succeed and improve. Document the content of the feedback meetings, and the date and times.

If you believe that the employee is unwilling or unable to improve his performance, you will want to start progressive disciplinary action. Again, documentation is critical so you have a record of the steps you took in the process. Use this Progressive Discipline Warning Form to document each step.

Following the steps in progressive discipline should be consistent for each employee you fire unless an event out-of-the-ordinary occurs. You may also provide the employee with any number of options, starting with the performance improvement plan step.

Ask the employee if he wants to voluntarily quit rather than participate in disciplinary action. You can agree on a timeline by when the employee will have given notice.

You can agree that, for whatever reason, the employee is incapable of doing the job, provide a couple of weeks of severance pay, and say good-bye.

Talk with an attorney to understand all of your options. In cases where you provide any severance pay, as an example, you will want to ask the departing employee to sign a release that is different for employees older than forty and under age forty.


Pink Panther2 U
Does his activity upset or interfere with the work of others or himself? If it does, the employee can be terminated for poor performance or conduct detrimental to other employees. I agree with the first answerer... document everything!


Burt C
Rating
You must file paper work first. Get witness, and statements. If they violated a company policy they are subject to dismissal without notice.


PureOrLady
Rating
So, as the foreman, you speak (adult like no shouting) to the employee, and explain that this behavior is unacceptable. You explain what is required of him/her in the job situation, and have him/her sign a document stating that he/she is aware of his/her responsibilities as an employee of the company.


blueiron511
Rating
You didn't mention if this was a contracted (a union contract) environment or not. If it is, you follow the disciplinary steps spelled out in the contract along with your HR policies.

If you are in a non-contracted environment, then you follow your HR policies (which should reflect state and federal employment law). Most employers get into trouble just because they don't follow their own policies. A few minutes checking this out is always well worth the time.

If you don't have HR policies and your not in a contracted environment, check to see if your in an "employment at will" state. If so, you have the right to terminate.


versantly
as the employer, there are laws you need to follow. there are your own HR rules to address. document everything, speak with your company's attorney, and proceed. Yahoo is not the appropriate venue for your concern.





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