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There is a major difference between being let go as part of a reduction in manpower compared to being fired with cause. Being fired with cause requires the company to document the alleged misdoings and it must be divulged to the employee being fired. The law may vary from state to state but being a supervisor for a fairly large company we were trained on company policies and what was needed to comply with state law.
The circumstances can vary due to the severity of the employee wrongdoing. An employee can be rapidly dismissed for acts of violence or vandalism while on company premises and possibly face criminal prosecution. Employee theft will end in rapid dismissal but an employee may be given an opportunity to perform restitution to avoid criminal prosecution. The issue of being fired for poor performance usually will stretch out over a longer period of time.
It is the responsibility of the supervisor to evaluate the employees he is assigned to lead. If a supervisor sees behavior such as tardiness, poor job performance or behavior that is not suitable for the employee's position then he is obligated to mention it to the employee. This can be extremely casual for the first mention but if the employee does not modify their behavior then a closed door meeting will be held between the employee and his immediate supervisor. If the undesirable behavior continues then a written warning will follow. Three written warnings are required before firing an employee with cause. The reasons for an employee being fired are laid out for them and they either chose to ignore it or have no regard for authority.
At each step in the process the supervisor is required to instruct the employee on what is required and how they should go about changing their behavior. I think an employee need only listen to what is being said to them to avoid being fired. However, at times an employee may be fired unjustly or improperly but decides not to take action to be reinstated. If an employee finds themselves in this position then they need to perform some serious self analysis to prevent getting fired from the next job.
I believe the percentage of people that actually get fired with cause is very small. Most people are let go with a reduction of manpower action. Even though this is not a being fired with cause situation the employee owes it to themselves to just stop blaming every one else and really look at how their performance may have been the reason they showed up on the layoff list. Employees should on a regular basis perform a self analysis of their job performance by asking questions of them selves.
Have I been excessively tardy?
Have I been leaving work early often?
Am I mindful of not taking excessive breaks?
Do I attempt to perform my job to the best of my ability?
Do I observe company policies?
Do I seek and take my supervisor's guidance?
Do I safeguard company property both physical and intellectual?
Am I respectful of my supervisors and fellow employees?
Do I take an excessive amount of sick time?
These are just a sampling of questions an employee may ask of themselves in performing a self analysis. It is up to the individual employee to answer them honestly and take the required action to rectify any unsuitable behavior. If an employee cannot be honest with themselves then they will continue to bounce from one job to the next.
Learn more about this author, Richard Bramante.
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Firings: Understand why you were fired
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