It's a good idea to have 2 copies of everything, one for you and one for the worker. * Have an honest discussion with your worker about their job performance and how it is influencing not only your small company but their career. This escalating discipline also creates the papers necessary if you must sack the worker once all efforts at rehabilitation fail. If you don't have enough documentation or appropriately recorded evidence, you can not build a strong case to back up your separation decision.

If, however, you fired him for repeated minor misconduct or for gross misbehavior, then the ex-worker isn't eligible. An problem employee is one of two types. A low risk dismissal is one where the worker is unlikely to sue, and you have properly detailed a lawful reason for separating. If this is the case, you should hand it to the employee during the lay off meeting. However you can sack the worker for reasons outside their protective status. 5) Having an off-the-record conversation with the employee after the firing. If your former worker decides to file a wrongful termination suit, his legal counsellor may use your separation notification in the proceedings. The first step you should take when firing workers is to build your case. Even if you know the dismissal is necessary, it is difficult to look someone in the eyes and tell her or him that their services are no longer needed. Chapter 6: Build Your Case: Escalating Discipline. If you believe you're "laying off Joe," you might only read Chapter 11: "Process for Laying Off Employees." In this case, you would make a mistake following this process for firing Joe, and not following the proper procedures and choices given in Chapters 9 and 10 for firings. After reviewing his employees file, you're astonished his previous supervisor has rated him "above average" on his job appraisals over the past 4 years.