When you're laying off a single employee, you need to make sure you have an airtight case for the job elimination. This is where having an employee separation form comes in handy. The "misbehavior" alternative is for the most part better than the "job elimination" alternative because with job elimination, state laws often compel you to hire the worker back even for a lesser position. Most companies are not big enough to be under the jurisdiction of the WARN law. Once they have filed for permanent disability, you can go through the procedure of sending a dismissal notice, as well as helping them file for unemployment and disability benefits. This is the step that is most usually used against employers when it comes to illegal termination lawsuits. Using a worker dismissal checklist can help ensure you follow all the correct methods. o The employee has a great reputation outside the business and letting her go could hurt your business's standing in the industry. o Allow the employee to keep or buy firm car. This may include steps that lead up to lay off or may mean immediate layoff of the employee. Whether the employer should use progressive discipline such as warnings or letters of reprimand or should fire the jobholder, depends on how the jobholder disobedience occurs. Once again, it is a good idea to include some suggestions in the sample to assist you complete these details later.

Clearly, problem employees negatively impact the business. See Tool #4 in the worker Termination Toolkit for a separation agreement template you can use. More than probably, some will be happy to see that person go while others will feel disappointed.