September 26, 2008
If your group health plan has (Employee Reprimand) a third-party
If your group health plan has a third-party administrator (like Blue Cross Blue Shield), you have 30 days after the worker's lay off to tell the administrator. It is important for there to be at least two firm representatives, you and another worker, present during the firing meeting. During your discussion, you should tell the at will employee what he or she did wrong, tell her or him the actions you'll take, and warn her or him of the consequences if the action reoccurs. If you're afraid of sabotage or theft, then you should oversee the jobholder's pack-up. Employers: How To Protect Yourself During A worker dismissal. A difficult worker can negatively impact the company by projecting a misrepresentation of your small company onto potential clients. Here the failure of the worker to follow instructions leads to endangerment of the jobholder, their coworkers or the manager. If you're a small company owner, a jobholder leaving the company can impact your small business dramatically. It is not uncommon that a individual has a great resume and verifiable references but their skills don't fit the work you ask them to perform. If you don't know how to use escalating discipline or how to write a proper separation letter, you need a copy of my book, "Employee termination guidebook." You can get it at my website: The first step to avoid this circumstance is careful recruitment methods. (Likely these steps will be consistent with any investigatory policies you have.) But if you don't have a policy, then this process is proper for any gross misbehavior inquest.
If called on to lay off an executive level employee, a human resource person should view it as a challenge, but also as an opportunity. First, the risk is medium when the employee is probably to sue, but you have good documentation showing a legitimate separation. If the complaints of poor job productivity turns out to be unclear or vague — or — if the worker has not been counseled about her job productivity and given a chance to improve — then separating a pregnant worker after finding out about the pregnancy will cause you trouble.