December 26, 2008
Remember former employees can begin a smear campaign (Embezzlement)
Remember former employees can begin a smear campaign against you and your small business and this will only add to your current problems. o Worker left to take care of children (some states). Whether the infraction is on-the-job drinking or frequent misbehavior, the company's well-being is too important to let the employee slip through the crack. Wise employers do not terminate workers without a reason and claim protection under "employment at will". You must develop a jobholder handbook that obviously spells out inappropriate behaviors that will receive rehabilitative action. You must write reprimand notifications in a legal way. You should use standard escalating discipline and layoff methods. This meeting is usually off-site and a few days after the dismissal. This should include a conversation of severance pay, health benefit expiration dates, and processing of the final paycheck). Otherwise, you find yourself in the middle of a unlawful separation lawsuit.
You have a 70% chance of losing any improper dismissal suit. The Careful Method of Dimissing a jobholder. You and the security firm should plan for several possible outcomes. Your goal is to create an environment of support and leadership while effectively using the employee discipline form to help keep the problems in line. Usually other workers have to pick up additional work so the project gets done. You may have work rules specific to the business or industry which I didn't cover in my list of legitimate separation reasons.