Unlikely, because after a couple of years he would have shut shop and tried another business. An entire generation of new businesses in India is being built on a model that defies gravity: Of course, new is a bit of a misnomer.
The reasons are obvious: Litigating termination claims is also expensive — six- and even seven-figure damage awards are not uncommon. Which means that not only HR officers, but more line managers, department heads and business owners are going to have to take on the uncomfortable role of terminator for their companies.
The best time to head off a discharge-related lawsuit is at the moment of the termination, or even before. By the time litigation ensues, it is often too late. There are two basic components to this strategy: Below are 10 tips to accomplish both objectives.
As an employer, you have broad authority to compel employees to talk to you, including any you have cause to consider terminating.
Take advantage of this right. Talk to supervisors, co-workers and subordinates as appropriate and necessary, and write down what they say. You should also speak with the employee at issue—there is nothing to lose, and better to know before you fire somebody what they have to say than to hear it first at a deposition.
Related to the need to investigate is the need to review documentation concerning an employee about to be fired, especially commonly inflated performance reviews now endemic in workplaces.
Also review disciplinary records of other employees similarly situated to this employee. There may be perfectly good reasons for treating employees who seem similarly situated differently and you need to consider these differences in advance. Disparate treatment is a big problem in employment litigation, particularly in discrimination claims.
Sometimes the problem with a termination is that there are few if any documents supporting your decision to fire an employee. There is nothing wrong with creating such documents—in fact, it is a good idea. Rather, create documents beforehand giving full reasoning for your decision.
Human memory changes with time; documents do not. We advise clients to give little explanation in termination letters: A good back-up document allows you to have a bare-bones discharge letter without losing the benefit of a contemporaneous written record of your motivations.
Technology can be your friend, or your enemy, and this applies with force to employee terminations. Litigation discovery can reveal it for the world to see. In the old days, superseded drafts of termination letters were immediately discarded, and people spoke about issues rather than emailing or instant-messaging.
Have an attorney involved at all stages, cloaking a paper trail in attorney-client privilege. If an attorney is not involved, take great care to avoid creating a permanent electronic record. This advice is not moral, but legal. The worst thing you can do when terminating an employee is be dishonest as to why.
Yet this is a common mistake, for the same reason employers routinely give overly generous performance reviews. Having a good reason for termination is not enough; your statements and documentation must square with that reason. What to you is a legitimate business decision is to the employee a highly personal event, and hurt feelings lead to lawsuits.
If a case does go to trial, it does not play well before a judge, and especially a jury, for an employer to appear cold-hearted. Conduct the termination in a respectful way. The manner by which you give notice is important.
While there are cer tain business prerogatives that will affect the calculus, a good practice is to be as private, respectful and decent as possible. The employee surely is not enjoying himself—you should not appear to be enjoying yourself either.
Just as you plan and document the reason for the termination, you should plan and document the termination itself.This thesis is a marketing plan as a part of the project of developing the e-commerce start-up business named Finnexport.
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The new plan reflects THG’s confidence in continued fast growth. The largest of the two new sites, called “THQ”, the company calls a “landmark business campus”. It will be built over acres in four phases, with phase one comprising office buildings totalling , sq ft.
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1. Taxation is the process or means by which the sovereign, through its law-making body, imposes burdens upon subjects and objects within its jurisdiction for the purpose of raising revenues to carry out the legitimate objects of government.
This sample business plan is intended to provide you with a template that can be used as a reference for when you’re hard at work on your plan.
The company is a completely fictional organic denim and apparel company, however, we made sure the industry research was grounded in real world numbers as.