The secret of writing severance agreements in the employer's favor

April 26, 2010

o A termination notice which clearly (Forced Resignation) describes the

What you may be missing before firing any employee

o A termination notice which clearly describes the dismissal package including any compensation, cash for vacation or sick days, their final day, and so on. o A discontinuance package cuts the chance of physical violence. Remember if you separate properly, you'll not surprise the worker. To reduce his anger level, you should make the insubordinate individual feel like you treated him as fairly as possible. When your dismissal is medium or high-risk, you must offer something more than your standard package. That brings the small business owner face-to-face with the need to remove those members of the workers that cannot adjust. Some provide advanced warning so the worker can prepare while others will just let workforce know that day. Your report of the inquest serves as your papers justifying the dismissal. Such information will serve to back-up the lay off and prove you based the lay off on solid reasons and not influenced by any suspect reasoning. o Breaches of Good Faith and Fair Dealing.

Separating a jobholder based on emotion rather than sound reasons can result in serious penalties including devastating lawsuits. You have to deal with the bad employee quickly and decisively. The "misbehavior" alternative is commonly better than the "job elimination" alternative because with job elimination, state laws often compel you to hire the worker back even for a lesser position. o For minor misconduct or terrible performance, was the jobholder given a reasonable amount of time and number of chances to improve? o How would you rate your boss's performance?

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What you may be missing before firing any employee