August 24, 2009
Embezzlement - You hear from her attorney-at-law you terminated her
You hear from her attorney-at-law you terminated her because she refused to sleep with the manager. You should always tote the firm line. So you must only tell the human resources department and any eyewitnesses who should attend the firing meeting. Remember if this goes to court as an unfair termination case, some people may interpret strong language as substantiation of a personal vendetta, or a simple personality clash between you. Therefore, you should watch for a jobholder that has difficulty concentrating or following directions, as this employee may develop into a major problem for you and the company. You'll need it if the jobholder files a litigation or grievance for a illegal lay off. Many lower courts have given new protections to workers making "at will" almost meaningless. While this works for low-risk workforce, this is not the right approach for medium and high risk employees, which are the majority of separation cases. To qualify for these extra severance benefits, you agree to release unconditionally [Your company] and its representatives from liability for ANY claim arising from your employment including this layoff. This is the case even if you had good reason to dismiss that individual.
Whether working as an independent small business owner or a Hr manager, knowing the legal restrictions for firing personnel is essential. The difficult employee can be outgoing and blatant or passive aggressive. None of these "experts" told you how to evaluate the employer's risk in the firing. You hear from her legal defender you separated her because she refused to sleep with the manager. She leaves you no choice but to separate her.