The rule is the same for everybody, so I should terminate your employment effective right away.". When it comes to employee separation, it is important to follow standardized methods and to establish this procedure well before the need to fire a worker presents itself. o Could the worker believe you're terminating for an illegal, stupid or "no" reason, even when it's not true? Since you have good documentation of insubordination, this can be no higher than a medium risk layoff. Note the sample employee separation memorandum specifies the reason and the efforts to correct the situation. More probably, you want to fire her because her productivity is below average or because the company can no longer afford the higher wages and benefits associated with her seniority.

You decide to research further, so you call your former administrator. Your report of the examination serves as your evidence justifying the dismissal. Why is it the worst personnel, the ones that you simply must layoff, are always the ones most likely to sue you? o Pension bridging (unpaid) - Place on unpaid leave to qualify for pension benefits. Since dismissals often occur during times of declining job growth, this benefit will give the workers a competitive edge in the labor market. Since this is such an important step, you must plan what you'll say to the jobholder. You're buying an insurance policy against a legal action. So, when he wakes up on Tuesday after a Monday separation, he sees his spouse, his friends and his neighbors go to work. o Put all the employee's take home materials (termination memorandum, separation settlement, COBRA notice, final paycheck and severance check) into a folder for easy access. You can use 4 bulletproof categories of lay off reasons.