Here's a summary of all your choices, including immediate dismissal. Gross misconduct is the one place you can summarily terminate a worker without worry. If your lay off isn't low or high risk, then it should be medium risk. Employee theft is like a forest fire. A layoff can throw a monkey wrench into your daily company operations. Have a representative review the notice and make sure you're following proper firm procedures. Given the average damage award in a wrongful layoff suit is over $500,000, your time preparing is worth it. Keep in mind that just because you have a jobholder who falls under one of these groups, this does not mean you can't layoff this employee. Examples of stupid grounds for dismissing an employee: Go through the dismissal memorandum with emphasis on items in the discontinuance package. And let's just say the employees in the quality control organization go a little overboard with the high standards. If you have further [bad behavior] or violate other conduct standards, you'll be subject to further discipline and, possibly, separation of employment.

Lawyers and Human resources professionals often call this a negotiated separation. If the circumstance does not resolve itself, separation is now and then the only solution. There is no guarantee the former employee won't try to file a unlawful dismissal law suit.