I have 2 employees that have written and sign about that incident. will that make my case stronger?
A: Assuming that the employees are willing to actually testify in court consistent with their written statements, then yes, this would make your defense stronger.From last nights incident is that insubordination or what kind of write up or notice (title for the notice) should I type up
A: I think perhaps you have been unduly influenced by the previous answer you received from the other expert. There is no "title" or "form" of notice required.
Let me go back to the elements that I gave you at the beginning of this discussion: What you need is proof
that you are not discriminating because of the workers compensation claim, i.e., that you are terminating the employee for violating a reasonable employer rule:
- You must have a written policy concerning employee conduct (e.g., "Disparaging a supervisor is considered insubordination and is grounds for immediate termination.");
- You have provided a copy of the written policy to all employees;
- You have proof that the employee violated the policy (e.g., your employee's written statements); and
- the policy is reasonable for the purposes of managing your business (e.g., a policy that employees cannot "laugh" while at work is unreasonable; a policy that employees cannot chew gum is reasonable, especially in a food service establishment).
Hope this helps.
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