October 21, 2009
o Hears appeals about eligibility from both employers (Fire Employee)
o Hears appeals about eligibility from both employers and employees. Some workers fall into the category of "difficult" only during times of personal stress, illness, or family problems. The jobholder has a difficult personality and you have a personality conflict with him. The worker will, certainly, claim the "real" reason for her termination was because she took workers' comp, and she'll get an attorney-at-law to sue you. For the most part, you won't get any questions because the lay off has stunned the worker. Mostly when you want to get rid of a sick or disabled employee, it's not because he or she's infirmed. You told her "I don't give a damn what you think. You may be a small company owner, a boss of personnel for a larger company, or a boss of a organization assigned the task of sacking an employee.
Under the Federal Jobholder Adjustment and Retraining Notice Act, generally known as WARN, you must provide advance notice of mass layoffs and plant closings to employees within 60 days of the lay off. Never surprise the worker with your reason. At times you should play hardball with a few problem employees to improve the work environment for everyone. Unquestionably, if the problem employee is destroying the department's productivity and esprit de corps, then your only choice may be immediate dismissal. This is not an easy task but, for the sake of the firm and group spirit of the workplace, you should replace a poor performer with an effective one. More importantly, the removal of the bad individual will give you more time to run the company and improve results. Or, if your company is big enough, you can transfer him and give your bad employee to another supervisor.