March 25, 2008
Unfortunately it is easy for a laid off (Separation Notice)
Unfortunately it is easy for a laid off at will employee to bring a case against you claiming you had no real ground for layoff. You can go through the process of lay off if it includes turning in a name badge, uniform, or other company materials, but do not stray too far. Then you can dismiss who you want whenever you want. Of course, these incidents should occur reasonably close together to warrant separation.
The small business may need to separate employees for various reasons. Talk to the firing manager and the witness to the lay off. Normally, you use progressive discipline with the employee who has productivity problems or repeated minor misconduct. This means you should develop standards for worker termination and apply them in a consistent, but fair manner. When she gets to her new assignment, give the boss plenty of coaching on handling tough personnel. Regardless of how eloquent or how "right" you are, the administrator will probably grant unemployment benefits to the ex-worker once she receives your questionnaire. Mostly, she'll admit fault for her layoff. The other is to dismiss her for misconduct. Such information will serve to back-up the dismissal and prove you based the layoff on solid reasons and not influenced by any suspect reasoning. Work with him or her to ensure they are meeting your agreed upon goals both on projects and with others in the organization. My processes treat the disgruntled employee with a reasonable balance between her needs and your small business circumstances. Your separation letter sample can make a general statement and leave room for you to include specific details later.