Provided by: Jennifer Kirschenbaum, Esq.
April 25, 2018
Question:
Hi Jennifer,
I have an employee that isn't working out. Do you have any advice on how to handle an anticipated separation?
Thanks, Dr. K
Answer:
Employee write ups is a key element to the termination process. To do so properly make sure that any time there is an incident you document and have an account of any witnesses of what actually happened put it down on paper and date it. Present the write up to the employee at issue and ask employee to sign. If the employee does not sign, make a note on the write up that the employee has refused to sign but has been presented the document. Then you sign and date the write up in front of the employee. It is also preferable to have a witness. Add the write up to the employee's file and be sure to update any additional incidents. You never know when you may have to terminate and doing so without support may leave you open to claims against the practice for unlawful termination, or in the alternative, the employee may have an easier road to collecting unemployment, even if terminated "for cause".
