(I've included a cover note template in the worker Layoff Toolkit at the end of this book. First, a worker's wrongful layoff case will hinge on your fairness with him. As a human resource person or small business owner, firing a employee should not keep you awake at night. An employee cannot disagree with anything the form says after they have seen it and you have explained its contents. Here's the standard approach you'll find in most books: To keep out of court, you must thoroughly document the worker's terrible performance or misbehavior before you fire him. And if the jobholder goes back to school full-time, he's ineligible.

However you can make your job easier by using a basic template and adjusting it to fit each lay off. Buying a Terminating Personnel Manual for Your company. If he still refuses to sign, you should bring another supervisor into this meeting and ask the boss to verify on your copy he saw you give the worker the warning. If you're dealing with a difficult individual and need a paper trail in case a termination is necessary, an employee written notice is a good place to start. Due to scheduling mistakes reflecting badly on you and the organization, you gave Sherry a verbal warning 60 days ago. After you have communicated to the jobholder the dismissal, ask the employee if he or she has any questions. By answering these questions, you should arrive at one of these conclusions. These may include how the worker will empty her or his workspace and the firm's need for the worker to leave the building immediately. In addition, it should provide you with tips and advice in case the jobholder files a grievance or a suit against you for unlawful dismissal. Lastly, the most common mistake I hear is something like, "We separated Joe because he just couldn't get the job done." You now know this isn't a layoff because you're not sacking Joe due to a business need.