September 21, 2008
Severance - You can't fire an employee for taking FMLA
You can't fire an employee for taking FMLA leave. This knowledge will aid you plan your strategy for getting rid of the bad employee. When you start your own small business or take over as the Human resources Boss for a company or firm, dealing with personnel can be stressful and nerve-racking. These considerations help make the employee separation process less painful for everyone involved.
Since law will force you to give the reason anyway, you might as well include it the layoff notice. You can do a negotiated separation. You should write a layoff notice before terminating the jobholder. Since Personnel frequently screens applicants, they'll be defensive about your suspicions and may even cover up any fraud. One way to do this is to review the warnings you have issued to the worker. You want to be fair to all workforce, both to those who will lose their jobs and those who will remain. This tells all personnel you're serious about your work and will not tolerate bad behavior. o It allows time to do a thorough investigation, evaluate the substantiation and write the investigatory report. You must upgrade your company and be on the move towards success, not bogged down by a lazy or incompetent employee. We believe the best way to handle the situation is to react right away and to confront the individual using the policies or rules in place. To be successful in managing insubordinate employees, the boss should try to understand the dynamics working on the worker at the time. Therefore you must know how to fire an at will worker appropriately to limit your legal liability.