This makes it hard to discover exactly who is causing the problem, which is exactly what a insubordinate individual desires. Here you can lay off the employee quickly because you have a responsibility to the well-being of the other workers and the company. Lastly, the most common mistake I hear is something like, "We dismissed Joe because he just couldn't get the job done." You now know this isn't a layoff because you're not dimissing Joe due to a firm need. For example, we can't say "resign or be fired." When we give ultimatums like this or make life unbearable for the high-risk worker, the jobholder can still sue us for unlawful layoff when he resigns. In either case, you should respond with: Guidelines for Separating a Salaried Monthly Worker. If it becomes a public matter or if the offending photo contains anything that identifies the small business, you're probably in the clear as well. In addition, it should provide you with tips and advice in case the employee files a grievance or a suit against you for unlawful lay off. If you fail to consider legalities and proper procedures, this program can cost the company dearly. Have a sample memorandum of gross misconduct on file. Lower stress for everyone means less anger and less risk of expensive suit.

If you plan to draft a jobholder written notification, there is a basic format you can follow. Document Your Reasons for Terminating a jobholder. As you know from Chapter 4, you give your standard discontinuance package for a low-risk termination. Document each meeting and make clear the corrective actions the worker should take. First, your other workers may believe you're discriminating against them when you come down on them and don't come down on the difficult worker.