February 16, 2009
Laying Off Employees - You separate the employee and offer a lowball
You separate the employee and offer a lowball (but increased) discontinuance package in return for a release. You must first understand the true meaning of misbehavior. o The jobholder could go to a training class or seminar. You'll look like an idiot, the jobholder will be angry, her lawyer will have a field day and the jury will give the worker a big improper termination award. o The boss's managerial style and behavior causes the employee to be a problem. The purpose of this notice is to give you my experiences with [Employee Full Name] while employed with [Your business]. You can't separate due to. Inform him why it's so important to you, to him and to the company this incident doesn't occur again. Remember to state specifically the terms of the nondisclosure or private ownership conditions, in case the company should file a litigation against the employee because they break the agreement. o Most importantly, he may still sue you for wrongful lay off, even if he resigns. At times you'll want to offer some condolence, but other times this causes legal problems.
o Cancel signature authority on any bank accounts. This will make the layoff much less painful, since you're showing a personal vote of confidence in the jobholder (and showing the dismissal is on the account of financial issues rather than performance). Or, if the jobholder came in high from unlawful drug use, you should bring corroborators who can testify to his erratic behavior and physical characteristics (like bloodshot eyes or smelled like pot smoke). Of course, if you are laying off the worker on the account of the business's financial difficulties or because of downsizing, you should make clear this as well.