From the employers perspective, if you have an employee who is not carrying out their job duties and responsibilities in an effective and efficient manner or perhaps they are actually doing something that’s damaging the good name or reputation of the company or the business or in a way damaging the client relationship that the employer or the company has with certain vendors or clients, you need to take action.
It’s often a difficult situation when it’s an employee that has perhaps been a good employee for a number of years or maybe even a long term employee where this employee is a valuable member of your team for say 15-20 years. There are many advisable ways that you can deal with having problematic employees, sometimes things can be done in terms of retraining, or refocusing. Sometimes, you need to start writing the employee up in terms of counseling, whether they take the form of verbal counseling that’s confirmed in writing or an actual written disciplinary counseling letter and absolutely you need to focus on the operation of the company and having employees operate in an efficient and active manner in a way that’s not going to be detrimental to your business going forward. When you take action, often times you do need to consult with an attorney in Westchester County to determine whether the action you are taking is appropriate and legal, that’s where we come in. We can give you our best advice as to how you can go forward in a way that will cure the violations or the problems that are happening with the employee, and if not at least lead to a situation if the employee ends up being terminated at the end of the day, you have done what you need to do in order to have sufficient backup to show your decision was based on a legitimate business reason as opposed to some accusation that the employee may have that was based on some unlawful or discriminatory reason.
This informational blog post was provided by Kim Berg, an experienced White Plains, NY Employment Lawyer.