November 30, 2007
o Are there any prior incidents which show (Employee Insubordination)
o Are there any prior incidents which show this is a pattern of behavior? This notice is a substantial legal document if a former worker files a unlawful layoff suit against the business. Please note in my definition I say nothing about the merit of the sacked worker's suit. Otherwise, you'll spend more time later talking to your defense legal counsellor and paying out a big settlement. We know executives are different from rank-in-file workforce, and they need to be treated differently during the dismissal process. With the knowledge you gained in Step 1, you can now ask intelligent questions of the Human resources department and figure out how to best apply/bend the rules to separate your problem worker. To make matters worse, you must know the average award in a unlawful termination trial is $536,927 (according to Jury Verdict Research) and the jobholder wins about 70% of the time (according to Steven Mitchell Sack in Getting Terminated.) Certainly if the employee gets a new full-time job, he's immediately ineligible. So, you have a solid case against the worker.
o Staying out longer than the agreed to leave period (12 weeks maximum for FMLA). o Eligible to accept work in the United States (that is, the employee should have a green card if not a citizen). You'll interview eyewitnesses and gather documents to either prove or disprove the gross misbehavior. Note the sample employment termination letter specifies the reason and the efforts to correct the situation. o Why do you think your manager sacked you? This should accompany the example separation notice we created for our Case Study. Then you should clearly state these rules to all workers.