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RELATED INFORMATION: o From talking to the accuser and the accused employee, is it probably the employee had overwhelming misbehavior? The next section of the notification should give the employee instructions on what they must do. Most off-duty conduct has little to do with job performance and isn't embarrassing to the company. The worker lay off notice should succinctly identify the problems with the current worker, if the action has resulted from gross misconduct. Perhaps at one time firm instructors covered this topic, but you must admit this is an unpopular, if not taboo, subject. She may be rough, arrogant and harsh or, on the flip side, withdrawn, stubborn and weird. While this works for low-risk workforce, this is not the right approach for medium and high risk personnel, which are the majority of lay off cases. You should have evidence showing "before and after" of the overall demographics of the business by protected group.

This is important since you should protect yourself and your small business against potentially costly court battles. The best way to document terrible productivity and minor misconduct is through progressive discipline. Principle #1: Estimate your risk of litigation before sacking. The ex-worker will be as mad as a hornet for not getting a reason for her dismissal. You must recognize this feeling, but don't let it block you from staying upbeat about the small company's new strategic direction. See Tool #4 in the jobholder Dismissal Toolkit for a separation agreement template you can use. o Deferral of severance payments to reduce taxes for the employee. Wrongdoing, but long tenure - You give the employee a final written notice (see Chapter 6 for long-tenure, single-offense workforce).