And, you should give the same information about employees NOT offered "the package" in the same job classifications. Also include and information on a discontinuance package or any other monetary considerations. It's unlikely the employee will sue you and, if he does, you'll likely prevail. Be aware the worker's legal adviser will use it to show you did something wrong, so you must write it carefully. And you'll discover how to terminate an employee that has filed an Equal Employment Opportunity Commission (EEOC) action or has blown the whistle on the company to the press or government authorities. A jobholder warning form is an excellent resource that every small company owner and Human resources manager should consider using. Even if you layoff for an improper reason, you can significantly cut your chance of a legal action by treating the jobholder well during the termination program. You can also choose to sack someone because they are not meeting performance expectations or even if they have a bad attitude. Follow-up on any commitments you made during the negotiations including writing a memorandum of recommendation (if asked for). Although you can't prove the gross misconduct, the employee still has a productivity problem. Lastly, it is a good idea to have an extra witness for the company there when you give the employee the notice. If such legal proceedings do occur, you will know you have protected yourself and your company.

Drafting Sample Worker Discipline Notification. Here you'll learn how to evaluate the risk of your termination using my proprietary and trademarked Lay off Risk Estimate & Protection System(tm). Do You Recognize The 5 Early Warning Signs Of Employee Disobedience?