o Decision: You should begin a full-blown inquest. Therefore, it will take you 9 months or more to fire an executive when you follow progressive discipline and give 3 warnings before lay off. Now we're getting to the good stuff . Not only is this troubling, but fact that you need to layoff personnel usually indicates that your small company is not performing up to expectations. o The worker's lawyer who wants to put the worst possible spin on everything you write. Unquestionably, the fired worker will claim your "real" reason for firing her was an illegal one. When you dismiss an employee because of failure to follow directions, insubordination forms can serve as your first line of defense in protecting you from a illegal dismissal suit. To make a valid case of rightful separation, such a series of progressive discipline actions should detail oral warnings that have then progressed to written warnings, followed by suspension and then separation. Tip #3: Expect to give a larger separation package when you should terminate right away. Since you have good documentation of gross misconduct, this can be no higher than a medium risk lay off. This also includes situations where the worker's doctor says the he or she can't return to work for a time period exceeding the 12-week maximum.

This is especially true of loyal workforce who have done a good job but must be let go for purely firm reasons. So, including the lay off reason prevents a lawyer from taking the case on contingency. When you separate an executive for bad performance (with or without a contract), it's generally for his department's lack of results and not for his personal behavior. The lay off notice is a substantial part of the lay off method.