By following a guideline sacking program, separating an employee like this frequently goes smooth enough. Keep a dispassionate but concerned tone, and your separation memorandum sample will be just fine. In either case, you and the jobholder should meet in a private, or semi-private setting to discuss specific behaviors or work productivity that need improvement. For a medium risk lay off, you can layoff right away, but you have increased legal exposure. By answering a few questions, you can develop a decisive, short speech to give the employee, which will help relieve any turmoil afterwards and give insight into why you're terminating them.

However before you dismiss him, document the separating incident like the previous warnings. Both situations cost the firm time and worker. If you lay off both, you would get a unlawful dismissal claim for sexual harassment from both women. For every act of disobedience, you should document the incident and discuss it with the employee. Legal advisers call this constructive discharge. According to Jury Verdict Research, the average jury award for illegal termination is now at $536,927. Even if he or she is the worst worker imaginable, you will still find yourself reluctant to sack that jobholder. But due to his long tenure and excellent service, you decide to give Jim another chance and give him a final written warning. Unfortunately, workers claiming unlawful termination are suing companies every year. In Tool #5 of the worker Termination Toolkit (at the end of this book), I give you some sample questions for a "resignation" exit interview.