You and the worker should sign all written documents to show the worker knew of the possible dismissal. You can create one of these using your separation notice template. So, including the lay off reason prevents a lawyer from taking the case on contingency. Your worker write ups will protect you if the worker files a wrongful termination suit. When you terminate an executive for poor performance (with or without a contract), it's mostly for his organization's lack of results and not for his personal behavior. You should avoid any discipline that embarrasses your worker, especially in front of other employees. Under the Federal Employee Adjustment and Retraining Notice Act, frequently known as WARN, you must provide advance notice of mass lay offs and plant closings to workers within 60 days of the firing. The types of severance agreements you may offer your employee will have a lot to do with the rationale for termination. o The boss fails to understand the political and cost realities and keeps pushing "principle.".

On the other hand, a more subtle employee might repeatedly "forget" to do a job or may never "hear" what you said. o Has the business consistently sacked similarly placed employees for these reasons in the past? This includes writing a worker termination notice. Mostly, the worker can't sue for more than her back wages from the time of her separation to the rehire offer. You don't want a legal counsellor accusing you of discrimination in a improper dismissal suit. Tell her by following the Company's policies and procedures, you had no choice but to lay off. Unfortunately as a supervisor or business owner, you'll eventually come across this problem.