How do you sack him without a big litigation? If you lay off an employee for "cause," a clear, well-written statement of the rationale for the firing will inhibit any future suit by the worker. If you have a loose policy and you don't enforce attendance consistently, use the second method which warns the employee for poor job performance. If you are the employer, you must do it right. It involves gaining proper evidence and having discussions with the worker about his or her lackluster performance. In it, the worker agrees to not challenge his dismissal in court, and in return he gets an increased severance package. For example, the employer should not claim "downsizing" when he or she plans immediately to hire another employee to perform the same job. The difficulties that come with a problem worker may seem easily corrected by separation. Even if you didn't list the specifics of the discipline, the handbook should provide you with general guidelines. A worker termination notice should contain certain elements.

However, if you believe the jobholder's performance can be altered, counseling workforce is an intermediate step before terminating. During this meeting, you inform the employee more about her discontinuance package and ask in return for information to increase the small company and legal positioning. In addition, it should make clear your guideline standards for employee dismissal. Discussion of Unemployment: Since the layoff was not the fault of the employee, your workforce will be eligible for unemployment, unless they only worked part-time or less than one year at the business. If it does not turn the jobholder around then it is a critical document in separation program.