Because the guideline lay off approach was so flawed, I developed the firing Risk Estimate & Protection System(tm) (TREPS). In the past, his productivity has been outstanding. Give him one immediately using the small company performance review form stressing his work-related problems. As you now know, sacking an employee is not just saying 'you're fired'. By clearly voicing a legitimate reason, the employee doesn't wonder why you sacked him and doesn't immediately call his legal counsellor in anger. If the layoff is owing to a lay off, restructuring or downsizing, you can express some sensitivity in the letters of dismissal. In the next chapter, you'll learn how to investigate and document an incident of gross misbehavior. If the behavior remains poor, then it's time for formal progressive discipline that will likely lead to the bad employee's lay off. And, when you lose the suit, the judge may force you to pay for the ex-worker's legal counsellor as well.

It should include all the jobholder's warnings, firm policies that he or she violated, pay information, benefits information and anything else the employee will need to know once sacked. (Here's another more economical alternative for staying out of trouble when terminating and includes a quality sample separation notification and other layoff forms). Handling Insubordinate employees: It's A Sticky Problem. For example, when the employee brings a memorandum from a coworker to confirm his version of events, this note is hearsay substantiation. And, within a couple of weeks of the lay off, you should mention lay offs are a possibility, but you're looking at other ways to reduce costs. The focus should be on how to best bring around an employee that is out of line. If you are a small company owner, firing a high level employee may also be emotionally challenging because you have probably formed a close relationship with that person.