By not following these steps, you'll open yourself up to legal ramifications or problems reclaiming business property further down the road. For high risk dismissals (where the jobholder will sue and you'll lose), you never "officially" fire the jobholder, so you don't need a notice. Even verbal firm policy can offer you protection so long as you can prove that everyone heard the do's and don't's in the company work place. Lay offs are a dirty company, but necessary for a company to survive and compete successfully. Feel free to call the Hr Supervisor at 555-1212 if there are any further questions. According to our business policy, I'll be placing a copy of this verbal notice into your permanent personnel file.". Employee's Rebuttal And Comments, If Any. Here's an example of using progressive discipline for gross misconduct.

I recommend you send a hard copy of the termination documents (termination notification, separation contract, COBRA notice, final paycheck and severance check) to the jobholder's home address by certified mail, return-receipt requested. Even if you dismiss for an unlawful reason, you can significantly cut your chance of a suit by treating the employee well during the lay off procedure. A jobholder who displays disobedient behavior refuses to follow orders from a superior. If the employee refuses to sign it, have another boss sign pointing out that he or she witnessed your discussion with the jobholder. Failure to attend work without calling in is for the most part cause for immediate layoff in most positions. That is, unquestionably, if the employer has followed all the legalities associated with employee relations. But common cases of gross misconduct are different from gross disobedience.