First, this should be a discussion and not a cross-investigation. Even if you don't want to let the person go, for the sake of the firm, you have to let them go. As you may recall from Chapter 4, a high-risk lay off is one where the jobholder will sue for unlawful termination (if you fire him) and he'll win in a court trial. And, he never has to make clear why you dismissed him. As a reminder, when you layoff the jobholder owing to "company needs," you can't refill the position for at least a year, or you risk the employee bringing a improper separation suit. If possible, write the memorandum ahead of time and present it to the worker during the layoff meeting. If you should terminate someone for an illegal reason or a stupid one, then follow the method for high-risk separations.

If your policy states that you will give a worker written notification before separating, then the warning should come first. In short, a great deal of thought and preparation is necessary before you sack employees. As part of the increased package, I strongly recommend outplacement services, which can help the dismissed employees with job-search skills. Include any impact the worker's lapses have had on the firm or department. * Have I planned out exactly what I am going to say when I dismiss an employee? Fourth, I assumed you were disputing a jobholder's unemployment claim based on misconduct. In considering sacking employee techniques, you should consider several important steps. In many states more and more court rulings uphold the rights of employers to layoff employees for unacceptable behavior outside the workplace. However, with this, you must also provide proof that such training and counseling did not increase their productivity.