A jury will see your ultimatum and poor treatment as forcing the employee to leave, so this equals terminating him directly. * The worker will not engage in sexual harassment or violate equal employment opportunity laws. As you know, he can still sue you, but you have cut dramatically your risk of losing. A less severe form is a "layoff", which means the lay off is due to corporate restructuring or external company forces. Although the firing of employee with FMLA is tricky, you can do it. During such a naturally emotional time (for both you and the dismissed employee), it can be easy to forget something but a list will help to keep everyone on track. Following the steps will minimize any mistakes that might hamper the procedure of termination. (By the way, these types of workers give you plenty of opportunities.) After you have given her 3 chances to improve her behavior, you'll have no choice but to sack her. If the gross misconduct occurs and could damage the small business, then you must take full use of your policies and reprimand the worker, possibly even sacking their employment. If you lay them off because of a company restructuring, they will leave on better terms than if you fire them for violating business policy. And, at times, you can't find the fraud, or the worker never screws up enough to fire.

Probably, your worker or workers manual gives you these guidelines. (And those in your management chain and those in Human resources who need to know.) After dismissal, a Human resources professional usually becomes the ex-employee's advocate and the primary contact to the company. After all, a worker that is bad is one that believes he or she can make and live by her or his own rules. I hate running to a lawyer and paying at least $1,000 to answer this question for every new "tricky" termination.