A sacking reason can be legitimate, illegal or just plain stupid. How the layoff of Worker with FMLA Can Be Done. Firmly, but directly, ask for the return of all business property (like keys or security cards) the worker may have in his possession. For example, many supervisors don't mind an hour and a half lunch when the jobholder stays late. In some states, you're only exempted when you have 3 or fewer personnel. Keep your language clear, to the point and give the real reasons behind the lay off. If the small company's securities trade publicly and the fired employee was an officer or director of the business, you must inform the Securities and Exchange Commission (SEC). Because insubordination isn't always as it seems, I recommend you place the disgruntled individual on a 3-day investigatory leave to gather the facts. If the business policy allows for a warning on first offense, be sure to place that written notification in the employee's file. By impounding the computer during the lay off meeting, the jobholder won't have a chance to go back and erase proof of wrongdoing. If the employee refuses to sign, document this fact as well and have another supervisor sign that he or she witnessed the employee's refusal. The difficulties that come with a problem worker may seem easily corrected by separation.

Here are a few examples of how gross misconduct and worker problems can adversely affect the small business. In short, you should provide the specific rationale for terminating the jobholder, their problem behaviors and dates these problems occurred. If your organization doesn't have a form already, you can use it as a template.