By Amy Delpo
An employer's nightmare? challenge staff, after all. yet in modern global, many enterprise proprietors, supervisors and bosses usually are looking to paintings successfully with tough staff instead of fireplace them -- and working With challenge staff indicates them how. This e-book combines the sensible and criminal info employers desire. delivering a plain-English review of employment legislations, facing challenge staff additionally indicates readers how one can: *head off capability difficulties and conflicts *recognize who's and is not an issue worker *evaluate the situations *investigate difficulties and lawsuits *conduct functionality reviews *apply innovative self-discipline *suspend staff, if helpful *terminate employment *deal with the result of termination *handle severances and references *avoid felony difficulty The second variation is totally up to date to mirror the most recent employment legislation in each country. It contains a new bankruptcy on how one can steer clear of hiring challenge staff within the first position, and offers pattern guidelines to assist in giving you a common place of work. notice: This booklet doesn't conceal hiring or layoffs. for additional info on those subject matters, see The Employer's felony guide, released by means of Nolo.
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Additional resources for Dealing With Problem Employees: A Legal Guide, 2nd Edition
Pline in minor cases, termination in egregious cases. Employee refuses to follow a direct order • Find out why the employee refused to follow the order. • If the employee does not have a legitimate reason, use progressive discipline. • If the employee refused based on safety concerns, do not discipline the employee. Investigate the concerns. • If the employee refused based on legality concerns, do not discipline the employee. Investigate the concerns. • Why did the employee refuse to follow the order?
What is happening in • Progressive discipline. the employee’s personal environment? • Does the employee have a substance abuse problem? • Would a treatment program help the employee? 1/41 1/42 DEALING WITH PROBLEM EMPLOYEES Summary of Problems and Strategies (continued) Problem Main Strategies Issues to Consider Employee’s legal drug use is affecting his performance • Performance evaluation. • The employee may be protected by the federal Americans with Disabilities Act or by a state disability rights law.
Insubordination An employee is insubordinate when he refuses to follow a direct order or a workplace rule. Don’t confuse insubordination with a negative WHAT’S YOUR PROBLEM? attitude or foot-dragging. Those responses reflect interpersonal problems and are not as serious as flat-out refusals. Like the interpersonal problems discussed above in Section B, insubordination occurs in varying contexts. Refusals that are based on no good reason, legally or practically, are the easiest to deal with—discipline or terminate the employee (see Section 1, below).