Sometimes, you should explore a little further before deciding to warn the worker. Once the jobholder can resolve her or his personal problems, this individual is no longer difficult to manage. o Work style doesn't meet the desires of the team, organization or company. Since the risk of a legal action is higher with a FMLA employee, you should consult your hr department and your company legal counselor. o References to the terrible performance or misconduct. o A copy of the jobholder's personnel file. You should approach discipline in a fair, consistent manner for all personnel to be effective. Unfortunately, there are times when you must go about terminating a disabled worker for reasons other than their disability.

Separation - Any ending of a worker's relationship with the company including firing, layoff, RIF, resignation and retirement. Maybe you have a worker who acted out too many times, costing you time and money. Therefore, in her mind, an illegal reason was your motivation and she'll hire a lawyer. Since you gave no reason for separating this individual, the jury will have to seriously consider the employee's "made-up" reason. This employee may be a problem that your predecessor didn't have the guts to do anything about. o Could the employee believe you're dimissing for an illegal, stupid or "no" reason, even when it's not true? You will have kept the laid off worker's dignity intact and not disheartened the rest of the staff.