Even without a written firm policy, gross gross misconduct may also be simple to prove against an unfair labor dispute if it occurred within sight or earshot of others-workforce or customers. Will the company suspend the worker, will it dock pay, or will it fire the worker? If not done suitably, the memorandum can cause legal problems later. Also, the general wording in your worker separation notification sample should set a respectful tone. It protects you and the small company against any form of legal action a former employee chooses to file. Following the firing Risk Estimate & Protection System(tm) in Chapter 4, you decide this is a medium-risk separation, and you'll offer her extra severance in return for a release. The act of taking a jobholder aside and criticizing them can be stressful and now and then backfire. If the problems do not upgrade, sacking the employee may be your only choice. Also, the jobholder may have legitimate questions about the severance package and the separation contract, which he couldn't think of during the stressful dismissal meeting.

Just thinking of separating that individual and placing an extra load on him or her can be bothersome, even if you know the jobholder should be separated. In Chapters 2 and 3, you get a listing of grounds for terminating or laying off a jobholder. In a Cornell University study a few years ago, researchers found the bad handling of a termination meeting and its aftermath was the primary cause for a unlawful lay off suit. In addition, when the worker is over 40 and the replacement is younger, you should worry about age bias claims. If you sack both, you would get a wrongful lay off claim for sexual harassment from both women. A former worker committing an act of violence on the account of the termination is a possibility. As an alternative, I wanted a practical method that gave me options and applied to any lay off, so I didn't need to always call a high-priced legal counsellor.