As long as the lackluster productivity or behavior occurs within a reasonable period, like 6 months, you give him another Final Written notification. And, you tell him 3 times you'll separate him if his performance doesn't upgrade. However another, more recent problem involving misbehavior, is with the use of e-mail and instant messaging. How to Dismiss an employee While Limiting Your Legal Risks. It should accurately reflect the small company's termination procedure. If you don't apply a legitimate reason for dismissal consistently, your layoff risk level goes up significantly as you have seen. A escalating remedial program is always best when possible. First a disgruntled worker may try an emotional plea.

But when their bad attitude affects their work or that of their co-workers, it becomes a serious issue. A critical step in this dismissal process is writing a separation letter. If this is the case, you can still work at avoiding a lay off by discussing the problem with the worker. If you have an "emergency lay off" and don't have time to read the options, then go to Chapter 8: Procedure - How to Prepare for the layoff. If you laid off the worker for misbehavior, you should back this up with evidence. If the policy has no such clause then you can go ahead and use the worker termination notice. If the worker sues the company for illegal dismissal, the notification becomes a legal document.