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| *Ostroff, Fair and Company>>>Law & Legal |
What is the proper proceedure......? |
Can anyone tell me what the proper proceedure is for getting rid of an employee, an employee stands to get fired but I don't feel the proper proceedure is being taking, any info would be appreciated. Thank you. Depends upon the employee's length of service. If the employee has over one year's continous service then you must follow the statutory disciplinary and dismissal procedure: Step 1: Write to the employee setting out the basis of the reson for the contemplated dismissal. Include any material that you intend to rely on in support of the reson to dismiss. Arrange a time and venue for the disciplinary meeting and inform the employee that they may be accompanied by a colleague or a trade Union representative. Inform the employee that you consider dismissal to be the most severe sanction available in the circumstances. Step 2: Hold the meeting at the time, date and venue specified. Have someone there to take notes. Give the employee the first opprtunity to explain their version of events. Put forward any points from the employers perspective and then reach a decision (dicipline i.e. warning or dismissal if it is a very serious allegation) and inform the employee. Step 3: After the meeting write to the employee and confirm the decision and inform them that they have the rightto appeal the decision within 5 working days. I should specify thatthe above is the MINIMUM procedure and thatthe employer may have a contractual procdure set out in a staff handbook? If this is the case then as long as the employer's procedure satisfies the above requirements you should follow the employer's procedure. Really depends on what you are getting sacked for. Is a VERY lengthy procedure unless GROSS MISCONDUCT has been committed - then someone can be fired on the spot. For greater detail contact www.amicustheunion.org most states are at will states, meaning that the company can fire anyone that they want at anytime for any reason. I know it sucks, but to see the laws for you state go to the department of labor website and put in your state. it will give the breakdown on employment laws. If you are in the UK, its all on the ACAS website - www.acas.gov.uk. Basically, whatever the reason for the dismissal, a formal hearing has to be held between the employer and employee at which the employee has the right to be accompanied. Any adverse decision can then be appealed against. Unless the procedure is gone through, the employer can be heavily fined - even if the actual reason for the dismissal was fair. Employment law trainer Check with the labor office website. I am sure they have materials on the subject. Peace and blessings! |
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