Dismissal - How Employers Can Protect Themselves
When you consider
an employee dismissal, you will often have fear
the employee dismissal will go badly and you’ll end up in
court. In my experience, you have nothing to fear, if you terminate
correctly. For more on this, click employee
On this web page, you’ll find out the legal reasons for
terminating an unproductive and underperforming worker. Let me
give you 3 circumstances when employee dismissal is perfectly legal.
The first circumstance is terminating for gross misconduct. Examples
of gross misconduct are sabotage, major theft, destroying company
records and creating an intimidating work environment. In the case
of gross misconduct, you should investigate any allegations thoroughly
before terminating. If you don’t, you may risk a wrongful
dismissal charge because the worker will surely claim the he was
not given “due process.”
The second circumstance is terminating for terrible performance.
Some examples include making mistakes, not performing per job requirements,
and lack of skills. To fire, you must write-up the occasions of
poor performance and give the member of the staff plenty chances
to get better.
The third circumstance is terminating for repeated minor misconduct.
Here are examples of minor misconduct: breaking minor work rules,
excessive use of email for personal reasons and sleeping on the
job. You should document the misconduct transgressions. Then, give
verbal and written warning. Finally, you issue your final written
warning. After that, you can terminate the problem worker. This
will keep you out of the courthouse.
Here’s summary of this article. You can dismiss an employee
for the following three reasons... gross misconduct, bad performance
and repeated minor misconduct. These are all legitimate reasons
for termination and any court will uphold your termination.
There is one exception to this.
Although you may be firing for a legal reason, you must use correct
termination procedures. If you don’t, you may still find
yourself in court.
There is an excellent resource you should get to help you with
a termination. It’s called the Employee Termination Guidebook.
show you how to terminate a worker properly. You can
learn more about it here.