Use progressive discipline to tell the jobholder what is wrong and how to fix it. Write it ahead of time and have your legal adviser or Hr Personnel review it before you ever schedule the layoff meeting. The proprietor and business leaders should decide the activities of the employees within the boundaries of each employee's job description. When the problem worker has not improved per your "final chance" directives, you give your final presentation to Personnel and management. The first step you must take when dimissing an employee is to document everything. Therefore this example is a high risk layoff and you should do a negotiated separation with him. You're now open to illegal bias claims from the "bad" ex-workforce. The employee will, of course, claim the "real" reason for her separation was because she took workers' comp, and she'll get a legal counselor to sue you. You can object to what the employee presents, and he can object to your documentation. o Why you shouldn't fight a claim with one important exception.

This can cost your business in both time and money. This is especially true if the employee senses imminent dismissal in her or his future. o Refusing to falsify company records, tax returns, or reports to government agencies. o The higher the lay off risk, the higher the chance a improper layoff suit will derail your career. Sample employee separation letter.