First, write a note to the problem worker's (Firing Employee)

First, write a note to the problem worker's personnel file or to Personnel. List any worker counseling or special training the supervisor offered or the employee completed in attempts to prevent this layoff. I recommend you send a hard copy of the dismissal documents (dismissal notice, separation agreement, COBRA notice, final paycheck and severance check) to the worker's home address by certified mail, return-receipt requested. However, if the jobholder gets violent, get yourself out of the room and call security or the police. Having a sample notification of disobedience on file can help you through most misbehavior issues. And make sure you follow up with the jobholder and document their improvement or lack thereof. Also give any steps you have taken to rehabilitate the worker before separation. * On , you did not complete the corrections of flaws found in the first software test release for Project XYZ. A jury will see your ultimatum and poor treatment as forcing the jobholder to leave, so this equals dismissing him directly. Not only must you document the problems you have had with the worker, but you also must prove that you effectively communicated your expectations to them.

How To Estimate Your Separation Risk. If you believe you're "laying off Joe," you might only read Chapter 11: "Program for Laying Off Workers." In this case, you would make a mistake following this procedure for dimissing Joe, and not following the proper procedures and choices given in Chapters 9 and 10 for firings. If you offer a better dismissal package in exchange for a release, the memorandum should state this. As we've discussed before, you can be in court and lose the case even when you have a recorded legitimate reason for the firing. First, it tells the employee there is a problem. Probably, your employee or personnel manual gives you these standards.