o The jobholder knew your expectations. Remember, a court or judge can use any information contained in the memorandum and anything you say to your personnel at the meeting against you if employees decide to file a suit or grievance against you. When you layoff someone from a "protected group," have records showing you didn't treat this worker differently than those from non-protected groups (that's white males under 40).

Tips For Writing Your Dismissal Letter. Sample Worker termination Letter for Poor performance. When it comes to employment termination, it is important to follow standardized methods established well before the need to separate an employee presents itself. Please don't use 'downsizing' as an excuse for terminating bad employees, or creating a culture change in the organization by replacing old workers with new ones. You should not give your opinions about why the employee failed to follow methods or to work up to expectations. The lay off memorandum is a substantial part of the lay off program. The rehabilitative forms you complete prove that you did not dismiss an employee on whim or due to discrimination. Without a doubt one of the most difficult tasks any manager or entrepreneur faces is firing a worker. When it comes time to sack the jobholder, it may be in your best interest to present all the solid evidence you have to the jobholder during the layoff process. Inform the hearing officer what happened and then go through each fact you must prove. You'll find out how to get the necessary evidence to separate a worker with a productivity and behavior problems. Your Human resources department may have a method for tracking FMLA leave which you and the worker should use.