Have a representative review the notice and make sure you are following proper firm procedures. If the firing is amicable, you can also discuss the potential for rehire. 5) Having an off-the-record conversation with the jobholder after the termination. If you decide to fire an employee under FMLA, your procedure is the same as any other separation. If you don't have a proper reason to layoff the employee, you are risking a pregnancy discrimination suit. (If theft is the case, continue here, as follows.) Because theft from the company is a severe offense, we also should take immediate action by contacting the local police organization (or fraud organization if this is the case). A person that fails to complete the duties you have assigned to her or him is also presenting early signs of worker insubordination. Frankly, the business owner or manager just screws up. The steps needed are easy to follow and you should follow them precisely to ensure that you as an employer are safe. By closely following the letter, you will know exactly what to say. If management normally accepts this language or even uses it at times, they cannot consider the jobholder bad-behaving.

* Have an honest discussion with your employee about their job performance and how it is influencing not only the small company but their career. If your reasons are solid and stated within the letter of lay off, it is most likely that a pregnancy discrimination case, if it occurs, will never get far. An alternate case of medium risk lay off is when the worker is unlikely to sue, but you have little documentation justifying a legitimate sacking. If you take the time to collect this information before you terminate a worker, it will make the termination go more smoothly and prevent legal problems later.