The remaining 7 choices make sense when you want to rehabilitate the problem individual or you have a high risk layoff. Strategies For Medium-Risk Separations. The next chapter gives you a method for estimating your lay off risk. This is not an easy task but, for the sake of the business and morale of the workplace, you should replace a poor performer with an effective one. This is just a small random sample of the improper layoff awards in my files. This makes it hard for the worker's legal adviser to argue you acted rashly and unfairly when you fired his client. The jobholder will, of course, claim the "real" reason for her separation was because she took workforce' comp, and she'll get an attorney to sue you. When the boss has no documentation and gives no legitimate reason for firing, the courts typically favor the employee. Now decide on a date and time to do the dismissal.

Post-layoff Methods: There may be several different post-lay off procedures that go with separating an employee during the firm reorganization. Sometimes, you may feel the need to use "police powers." For example, you suspect a worker is using his office computer to run a porn firm, and you want to check his computer. Since the risk of a suit is higher with a FMLA worker, you must consult your human resources department and the small business lawyer. Question: How do you handle yourself when you're just the messenger and the separated worker wants your opinion of the circumstances? This will give you peace of mind when dealing with this bad worker. Then you can give it to the employee at the layoff meeting. o Has the manager followed the business's policies and procedures?