For example, refusal to carry out a direct order is disobedience. In addition, the information provided in the letter should be thorough and recorded. In Melanie's situation, she had enough of the poor productivity, but like many small company owners she had no experience sacking personnel. Attorneys call this various names including a waiver, a release of claims or a release of liability. A good business has personnel that are willing to cooperate and do their job the best they can. It is far better to be safe than sorry when dealing with potentially difficult workforce. Keep the exit interview brief and avoid saying too much, as anything you say can be used against you later if the at will employee decides to file a legal action. Downsizing is reducing your business's workers.

And worse yet, by telling the worker you disagree with the "higher-ups," he can use your comment to prove wrongful dismissal. For every layoff, you must know the risk of paying out a big improper layoff award. Make clear that if their behavior continues you will put them into escalating discipline which can eventually lead to termination. If the employee comes back and files an wrongful separation suit, like so many do, the notice suddenly becomes the small company's legal document. First, you won't have any evidence justifying the firing. Keep in mind that if there is a lawsuit, a court can use your as proof against you and the firm. Sometimes former employees try to file a unlawful separation suit against their employer.