Not only is a reemployed individual less probably to sue, but also the potential back pay damages will be lower. Once the employee completes his testimony, you or your eyewitnesses can testify again if you want to refute any testimony he has made. This makes it hard for the jobholder's lawyer to argue you acted rashly and unfairly when you dismissed his client. o Recent pay stubs and other documents showing job-related income. Commonly he should file a form every 2 weeks listing the potential employers he's contacted during the period.

When you sit down and let the employee go, you must be sincere about the reasons you feel the need to dismiss him. Management should not consider an employee bad-behaving if he or she cannot perform tasks contained in another worker's job description suitably and safely. Of course, you need basic facts like the worker's name and position, and the effective date of separation. This one small mistake or omission can mean the difference between a judge finding you guilty of improper termination or successfully ridding your business of a worker. Now, you can speak your mind without worry of a lawsuit. There are times when sacking someone for an improper or stupid reason is cheaper (in time, money and emotion) than keeping the person on. The business can use this documentation if the worker files a legal action. When terminating troublesome workers, personnel personnel or small company owners should try to curb personal feelings. You should even call up your small company acquaintances and personally refer the jobholder to the new employer. o Step 6: Write the lay off notification (low and medium risk dismissals only).