o Has her lawyer send you demand letters (Sample Employee Discipline Letter)

o Has her lawyer send you demand letters to complain about wrongful treatment or to ask you to clarify your actions. You can then use this evidence to cover yourself from potential legal ramifications if that employee claims bias. The "misconduct" alternative is frequently better than the "job elimination" alternative because with job elimination, state laws often compel you to hire the employee back even for a lesser position. o A termination notice which clearly describes the dismissal package including any compensation, cash for vacation or sick days, their final day, and so on.

This leaves the business with no other choice than to separate your employment. Your termination notice should briefly summarize the documented documentation you collected while trying to reform this employee. To cut your risk of a lawsuit, you must not appear to layoff wrongfully. When it comes to employee termination, it is important to follow standardized procedures established well before the need to separate an employee presents itself. The first evidence you must hold is evidence stating the employees past productivity is poor or less then standard. You might also highlight useful and exceptional work the jobholder did, all while making clear the dismissal is not a debatable issue. This is a great way to get your point across, get your message heard, and avoid being accusatory or 'emotional' in the process. These insights can be valuable in helping you, the organization and the firm upgrade and become more profitable. Updating Your Firing Personnel Manual. This should include the lay off memorandum, separation settlement, final paycheck, severance check and COBRA notice. Most companies are not big enough to be under the jurisdiction of the WARN law. Your employee will likely sue you for illegal layoff if you answer yes to one or more of these questions.