o Option 1: Layoff Right away. Make sure that you let the employee know the misbehavior will result in remedial action. o The jobholder has received regular merit pay increases. When you dismiss a worker because of failure to follow directions, misbehavior forms can serve as your first line of defense in protecting you from a improper lay off suit. These forms show the dismissal is unbiased and not "spur of the moment." You may "separate" a jobholder due to his or her behavior or work performance. Unfortunately, there are times when you must go about terminating a disabled worker for reasons other than their disability. Unfortunately, there are binding contracts or unionized contracts out there that make it nearly impossible to terminate a worker, even if he or she is not producing quality work. o A severance package shows the remaining personnel you're a compassionate employer. Such information will serve to back-up the layoff and prove you based the dismissal on solid reasons and not influenced by any suspect reasoning. The employer should never separate an employee on a whim or out of resentment. Once you see it, you must immediately start down the path towards layoff methods.

Remember there are always several sides to a story, so do not just consider the eyewitness story, but hear out the jobholder under terminate before continuing the lay off program. At times, a recession or competition forces us to change direction. o Chapter 9: Program For Conducting Low-Risk And Medium-Risk Separation Meetings. Since this is such an important step in the firing process, you need to plan ahead of time what you will say to the jobholder. Sample Layoff Notification Requirements for WARN.