Labor disputes can be costly in both your time and money, and a little planning during the lay off process is necessary. In addition, you should make sure the rationale for separation are for problems not related to the scope of FMLA. I recommend you send a hard copy of the lay off documents (dismissal memorandum, separation document, COBRA notice, final paycheck and severance check) to the employee's home address by certified mail, return-receipt requested. A laid off worker is frequently not angry. As a provision of COBRA, you must let a former employee and his dependents stay on your group health insurance plan for at least 18 months. Here are a few examples of how misbehavior and employee problems can adversely affect your small business. Every company, no matter how large or small, has problem employees.

Because she fired appropriately, her legal risks from the firing were minimal. First, it gets the attention of an employee who has great potential for the company but who desires to shape up. By removing the inefficient employee, many businesses find their production levels increase, which helps to keep the other workforce happy. And, sometimes, you can't find the fraud, or the employee never screws up enough to terminate. 3) State you have ended his employment and give the effective date of layoff (frequently that day). Although you can't prove the gross misconduct, the jobholder still has a performance problem. In my experience, many "not-so-smart" managers still go the "no-reason" or "stupid reason" route when dimissing a problem worker. Discipline in the workplace by Personnel Departments is always tense and any steps that you can take to help are a plus.