O&MM Fabricator - January/February 2018 - 51

be recorded at the time of the incident, or
as soon as possible. The documents should
be respectful of the employee, but detailed,
listing events or issues in a logical or chronological order.
"At the very least, you should put the reason
for the termination in writing," says Schroeder.
"The employee is likely to be emotional and
upset and may not hear what you said in
the termination interview. If the terminated
employee goes to a lawyer, the lawyer will
hear the story in the employee's words and
will decide whether to take the case based on
the employee's description. In that case, the
attorney may not hear your side of the story
until after a lawsuit has been filed."

Deal Promptly with
Performance Problems
Because the task can be so
unplea sant, many business owners find
reasons to delay firing a problem employee:
Perhaps the employee will improve. Perhaps
I'm being too hasty. Perhaps living with the
problem is the lesser of two evils.
If you've done a good job of following the
above guidelines, and if you're confident that
a termination is justified, delaying the action
is probably not in your best interest.
"Not firing a problem worker is often the
worst thing you can do," says author Walsh.

5

770-742-3002

Be Careful of
"Constructive" Discharges
The courts sometimes rule that
an employee was indirectly fired, known legally
as a "constructive" discharge. This can happen if the employer creates a hostile or abusive work environment, places unreasonable
demands on the employee, or issues a "quit or
be fired" ultimatum.
If a constructive discharge is ruled, the
employer's responsibilities will be the same
as for a direct firing.

3

Conduct Regular
Employee Evaluations
Under the law, your employees
are entitled to be kept informed of how well they
are meeting your expectations. Your failure to
meet this requirement may not be of any consequence unless and until a terminated employee
files a lawsuit that claims you made no attempt892031_RTF.indd
to inform him or her of your dissatisfaction.
Your evaluations do not have to be elaborate
or follow any specific format, but it's always
best if you put them in writing, even if it's only
a short paragraph or two.
Attorney McElligott advises, "Your employees are entitled to know whether or not their
performance meets your expectations. In this
regard, it helps to make a written record, for
future reference if the need arises.
"Always be consistent in evaluating and
disciplining your employees, and be sure to
review previous evaluations and disciplinary
actions if any have taken place."
Many human resources professionals recommend that you allow employees to review
their written evaluations. Then, ask them to
initial the document. If the employee declines,
you should indicate that on the record.

"It keeps the problem worker around to
create more trouble, making a bad situation worse. That's not fair to you or to your
other  employees."
McElligott goes further. "Don't procrastinate
or wait for the next evaluation," he says. "Do
it now!"
Employee layoffs, even those that are the
direct result of poor business conditions
hold the potential for both legal and morale
problems. Following these ground rules
will help to lessen the chances for costly
complications.

info@rtfmetals.com

We sell
ornamental balusters,
newels, handrails, finials,
forged leaves, and accessories.

4

30 Bellamy Place * Stockbridge, GA 30281

WWW.RTFMETALS.COM
1

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09/11/17 1:44 am

January/February 2018 * O&MM Fabricator
| 51
26/09/17 11:43 am


http://www.rtfmetals.com http://WWW.RTFMETALS.COM http://www.slidegate.net

Table of Contents for the Digital Edition of O&MM Fabricator - January/February 2018

President’s Letter
Letter From the Executive Director
NOMMA Network
NOMMA Education Foundation
2018 Metalfab / Fencetech Attendee Brochure
Three Things You Need to Know* to Save Money and Time When Commissioning Custom Metal Castings
The Collective Mind Gate Series - Part Vi
Change Orders
Women in Industry
What Experience Modifiers Do, and What You Can Do About It
How to Handle Your Toughest Employee Problem
Supplier Members
New & Returning NOMMA Members & Iron Club Members
Gold Members
Take a Stroll Down Memory Lane - Nomma’s First Years
2018 Product Preview
Index of Advertisers
O&MM Fabricator - January/February 2018 - Intro
O&MM Fabricator - January/February 2018 - cover1
O&MM Fabricator - January/February 2018 - cover2
O&MM Fabricator - January/February 2018 - 3
O&MM Fabricator - January/February 2018 - 4
O&MM Fabricator - January/February 2018 - 5
O&MM Fabricator - January/February 2018 - 6
O&MM Fabricator - January/February 2018 - 7
O&MM Fabricator - January/February 2018 - 8
O&MM Fabricator - January/February 2018 - 9
O&MM Fabricator - January/February 2018 - 10
O&MM Fabricator - January/February 2018 - President’s Letter
O&MM Fabricator - January/February 2018 - 12
O&MM Fabricator - January/February 2018 - Letter From the Executive Director
O&MM Fabricator - January/February 2018 - 14
O&MM Fabricator - January/February 2018 - NOMMA Network
O&MM Fabricator - January/February 2018 - NOMMA Education Foundation
O&MM Fabricator - January/February 2018 - 17
O&MM Fabricator - January/February 2018 - 18
O&MM Fabricator - January/February 2018 - 2018 Metalfab / Fencetech Attendee Brochure
O&MM Fabricator - January/February 2018 - 20
O&MM Fabricator - January/February 2018 - 21
O&MM Fabricator - January/February 2018 - 22
O&MM Fabricator - January/February 2018 - 23
O&MM Fabricator - January/February 2018 - 24
O&MM Fabricator - January/February 2018 - 25
O&MM Fabricator - January/February 2018 - 26
O&MM Fabricator - January/February 2018 - 27
O&MM Fabricator - January/February 2018 - 28
O&MM Fabricator - January/February 2018 - 29
O&MM Fabricator - January/February 2018 - Three Things You Need to Know* to Save Money and Time When Commissioning Custom Metal Castings
O&MM Fabricator - January/February 2018 - 31
O&MM Fabricator - January/February 2018 - 32
O&MM Fabricator - January/February 2018 - 33
O&MM Fabricator - January/February 2018 - The Collective Mind Gate Series - Part Vi
O&MM Fabricator - January/February 2018 - 35
O&MM Fabricator - January/February 2018 - 36
O&MM Fabricator - January/February 2018 - 37
O&MM Fabricator - January/February 2018 - Change Orders
O&MM Fabricator - January/February 2018 - 39
O&MM Fabricator - January/February 2018 - 40
O&MM Fabricator - January/February 2018 - 41
O&MM Fabricator - January/February 2018 - 42
O&MM Fabricator - January/February 2018 - What Experience Modifiers Do, and What You Can Do About It
O&MM Fabricator - January/February 2018 - 44
O&MM Fabricator - January/February 2018 - 45
O&MM Fabricator - January/February 2018 - 46
O&MM Fabricator - January/February 2018 - How to Handle Your Toughest Employee Problem
O&MM Fabricator - January/February 2018 - 48
O&MM Fabricator - January/February 2018 - 49
O&MM Fabricator - January/February 2018 - 50
O&MM Fabricator - January/February 2018 - 51
O&MM Fabricator - January/February 2018 - 52
O&MM Fabricator - January/February 2018 - Supplier Members
O&MM Fabricator - January/February 2018 - 54
O&MM Fabricator - January/February 2018 - New & Returning NOMMA Members & Iron Club Members
O&MM Fabricator - January/February 2018 - 56
O&MM Fabricator - January/February 2018 - Gold Members
O&MM Fabricator - January/February 2018 - Take a Stroll Down Memory Lane - Nomma’s First Years
O&MM Fabricator - January/February 2018 - 59
O&MM Fabricator - January/February 2018 - 60
O&MM Fabricator - January/February 2018 - 2018 Product Preview
O&MM Fabricator - January/February 2018 - 62
O&MM Fabricator - January/February 2018 - 63
O&MM Fabricator - January/February 2018 - 64
O&MM Fabricator - January/February 2018 - Index of Advertisers
O&MM Fabricator - January/February 2018 - 66
O&MM Fabricator - January/February 2018 - cover3
O&MM Fabricator - January/February 2018 - cover4
O&MM Fabricator - January/February 2018 - outsert1
O&MM Fabricator - January/February 2018 - outsert2
O&MM Fabricator - January/February 2018 - outsert3
O&MM Fabricator - January/February 2018 - outsert4
http://www.nxtbook.com/naylor/NOMS/NOMS0518
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http://www.nxtbook.com/naylor/NOMS/NOMS0318
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