The first proof you should hold is papers stating the employees past productivity is poor or less then guideline. You found Jim committed the illegal harassment, which normally means immediate lay off. More probably, you want to layoff her because her productivity is below average or because the business can no longer afford the higher wages and benefits associated with her seniority. With this extra knowledge, you'll become a more trusted company partner and upper management can rely on you to keep the business's separation costs as low as possible. With a medium-risk lay off, your legal exposure is larger because the worker has a litigious nature or because your evidence is inadequate. These should include major offenses such as arriving to work drunk, using drugs or alcohol at work, physically fighting with another co-jobholder, theft, threats of violence to boss or other co-personnel, or misrepresentation of themselves. They deal with difficult employees all the time. Wise employers don't separate workforce without a reason and claim protection under "employment at will". Since you have good evidence of gross misconduct, this can be no higher than a medium risk separation.

With the knowledge you gained in Step 1, you can now ask intelligent questions of the Human resources department and figure out how to best apply/bend the rules to fire your problem individual. Who Needs To Know How To layoff? These can include lawsuits claiming you were discriminatory or claiming that you wrongfully laid off the jobholder. You will need it if the jobholder files a litigation or grievance for a improper separation. You should also give a written separation. o The dismissed employee desires to work "the system" and make money off his layoff. You should tell the jobholder when the date of separation will become effective and whether any benefits will remain available.