To keep yourself and your small business out of trouble, you must follow proper layoff methods. They fear the workers will purposely slow down production or will find other employment before the lay off takes place. The jobholder will want revenge, you don't have any papers and you didn't follow standard methods. When managing problem employees, you should remember that often these individuals are more probably to file a improper lay off lawsuit. o Put all the worker's take home materials (termination notification, separation document, COBRA notice, final paycheck and severance check) into a folder for easy access. To offset this potential claim, you must attach the following cover note to your notification of recommendation. Tool #5 of the Employee termination guidebook gives 43 sample questions you can use for the exit interview. This is why I developed my Layoff Risk Estimate & Protection System(tm) to show clients how to sack personnel with different risk profiles. When you decide you should layoff some personnel, you should start having weekly business or department meetings. o Did the boss appropriately apply progressive discipline and adequately investigate for gross misconduct? You shouldn't lay off an employee immediately for terrible productivity. These should include major offenses such as arriving to work drunk, using drugs or alcohol at work, physically fighting with another co-worker, theft, threats of violence to supervisor or other co-workers, or misrepresentation of themselves.

Second you need this notice and the accompanying evidence for legal purposes. When you feel comfortable with the consequences, go ahead and sack the insubordinate individual. The written evidence about the firing should ideally include a series of escalating discipline actions.