It should clearly spell out and document the reasons why you laid off the employee. Let me give you an extreme example. If you have a insubordinate employee, you must always give a verbal warning for the first offense , followed by disciplinary action or counseling, before you consider separation of the worker. However if this tactic fails, then you must make full use of your policies and reprimand the employee. As long as your workers have good work habits and show up on time, you cannot dismiss them for being in jail as this is discrimination against their crime. Apart from allowing the employer to layoff workforce with no fear of legal reactions, they will also allow him to avoid any disputes while the worker is still working. Obviously explain the when, why, and what of the lay off.

How Escalating Discipline "Traps" A Bad worker. After you give 3 warnings and the problem employee fails to increase his attendance, you can fire him legitimately. A fair investigation means you get the worker's side of the story, talk to other witnesses and gather physical proof (if any) in a proper way. It is important for your worker lay off letter to be well-written and thorough. Notification #3: "Low Risk" Separation Letter - Layoff Owing to Firm Need. Each warning explained your lack of performance in keeping my schedule and gave you my directives. Legal watch-out #1: Avoid saying anything in the meeting the employee might construe as improper discrimination. First, you won't have any papers justifying the lay off.