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Why you must get rid of a bad employee. How to protect your employer's rights.


employee rights
Drafting Sample Employee Discipline Letter

It is important to remember a court can use the letter as legal evidence in the future, so it is important to draft a copy and have someone else in the human resource department review it. It is helpful to have templates ready ahead of time that management has drafted and reviewed with the help of legal counsel.

The sample employee discipline letter we provided is a guide. The idea behind the discipline letter is to provide a paper trail for future reference. If the employee’s behavior does not improve, then managers can use this invaluable documentation to clarify the procedures taken to warn the employee that they may lose their job if they did not change.

The manager should mail the sample employee discipline letter to an employee or hand it to them directly. If you choose to mail the letter to the employee, then be certain you use certified mail. You do not want the employee claiming they did not receive the letter, in case further action has to be done. It may even be wise to include a receipt notice that they have to sign and return to the human resource office. In this way, a business owner or manager eliminates liability on their part and can hold the employee solely responsibility for any future missteps.

Hiring and Firing of Employees: Employers Rights Legal Standings

Most of what you read and hear refers to an employee's rights in the workplace but an employer has legal rights as well. In general, an employer has the right to expect an employee to perform the duties and tasks required of the job in return for payment. But with the frequency of employee lawsuits, it is important that employers know what their legal rights are.

Employers Rights Legal Hiring Practices

First, you as an employer have the legal right to not hire someone unqualified for the position. You must make sure a person does not have the right combination of qualifications for the job. Further you must prove the person you do hire was the best-suited for the job. You do not have the right to refuse an employee a job based on race, gender, and religion. You also cannot refuse to hire a person because of a disability if they meet the qualifications and their disability will not prevent them from performing the job.

Second, you have the legal right to not hire someone with a current drug problem. This is why many employers require a preemployment drug screening test. However, you may not refuse to hire someone solely based on a prior drug problem which they have overcome. If their addiction is not longer a problem, this is not a valid reason to not hire this qualified individual.

Your Rights When Firing An Employee

You have the right to fire someone whose work performance is unsatisfactory. But like other reasons for termination such as insubordination and poor work habits, you must give the employee feedback, training and chances to improve.
For some terminations, you have the legal right to fire immediately. Let me explain. If the employee performs illegal acts, is violent or jeopardizes the safety of other employees, you have the right to fire them right away. Make sure you clearly explain any behavior that is grounds for immediate termination in the employee handbook.

Also once you fire an employee, you have the legal right to refuse to give a positive reference. Your safest policy is to only confirm the employee worked for the company and the dates of employment. Make no further comment. An employer's lack of words should be enough.

There have been instances where employees are hired under false Social Security numbers. The Social Security Administration may discover this. When they do, they will send a mismatch letter back to you. You can fire the employee for this.

And when you fire an employee, you have the legal right to not let that employee return to his or her work area to recover personal belongings. In this case, you must box up the articles and either put them in a safe place where the employee can later pick them up or mail them to that person. This ensures the safety for not only the employer and but also the remaining employees remaining in the work area. A terminated employee has the potential for doing all sorts of malicious acts.

If you ever have any doubts about your legal rights as an employer, the Employee Termination Guidebook is a valuable reference to have to answer your questions.

The right way to fire an employee. Fair and legal.


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