Or better yet, take some time (90 days or so) and use escalating discipline to document his productivity problems, and turn this into a cheaper medium-risk lay off. Remember there are always several sides to a story, so do not just consider the eyewitness story, but hear out the worker under terminate before continuing the termination method. With medium and high-risk separations, you must expect to negotiate the discontinuance package terms. o How to avoid legal troubles and stop your worries about law suit. Why Your Ex-Employee Can Still Sue You (And Win) Even When You're "Legal". o Step 8: Schedule the termination meeting date and conference room. You'll be less likely to make any comment that a jury could hold against you later if the worker files a wrongful lay off law suit. Sample Employee separation Letters. State directly that you're terminating the jobholder and the effective date. Then give the details of the layoff including the firing package details.

The most common rationale for separating a jobholder are underperformance, bad conduct and insubordination. Of all your documentation, the firing memorandum is the most important. o Has the business consistently fired similarly placed workers for these reasons in the past? This will give you satisfactory evidence to show the jobholder knew the guidelines, and you tried to rehabilitate her. You must develop a policy to document worker problems properly. This means that if no contract is in place, the supervisor can lay off them at any given time.