April 9, 2009
Breakingviews.com: The Downfall of a Regulator (Problem Employee)
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The Office of Thrift Supervision?s many failings exhib strong symptoms of what economists call regulatory capture ? that is to say, a regulator?s taking the side of the industry it regulates.
Plan to Curb Internet Piracy Advances in France
Lawmakers are likely to approve a law that would create a surveillance system for Internet piracy.
ADDITIONAL INFO This is why it's so hard to terminate a worker based on "at will" alone. Do not let the imagination of the dismissed worker run wild with discrimination litigation ideas. It's important the agreement you have personnel sign makes this clear. If you fire for insubordination, your papers should prove that a direct order was issued to a jobholder, that they understood it and that they refused to obey it. Just make sure to highlight the jobholder's strong characteristics in your notice and say nothing about the weak ones. Give the date by which the worker should sign the separation contract and inform the jobholder you encourage him to have an attorney-at-law review it. And, you can retreat to your office if the jobholder "needs a moment" during the firing meeting.
Remove the jobholder from business accounting and benefits programs. If you have completed the first two steps in the layoff process and the employee still is not working up to your expectations, it is time to begin dismissal proceedings. As previously mentioned, you don't have to prove innocence or guilt "beyond a reasonable doubt." You should show a jury you used fair inquest techniques and came to a reasonable conclusion. I hate to see you go." Otherwise, the sacked worker will see an opening and start asking for her job back or another chance. In addition, it should provide you with tips and advice in case the jobholder files a grievance or a legal action against you for wrongful termination. Just as in a court of law, you need to know what to say when firing an employee. Although details are important, this notification should also provide a dispassionate voice. If you're an employer and you know your rights, you will be able to avoid any legal disputes that may result from a difficult individual or someone you have fired. For example, suppose you have recorded evidence your ex-employee was sexually deviant.