A company should always keep in mind that certain employees may claim bias for errant firings. However, you'll know some employees will sue regardless of the lay off reason. The Fourth Step When Separating Personnel: Schedule a Witness. If the employee is harassing other employees, for example, a court can find you guilty of failing to discipline the jobholder for his or her actions. In the employee reprimand you should state what the expected productivity is and what the consequences will be should the employee fail to meet it. If you have a difficult worker, you should always give a oral notice for the first offense , followed by reformatory action or counseling, before you consider layoff of the employee. If it becomes a public matter or if the offending photo contains anything that identifies the business, you're probably in the clear as well. First, it gets you thinking about potential issues you may face with your workers, which will also aid you brainstorm steps you can take to prevent these problems from occurring. This program should include your lay off notice which gives plenty of substantiation to support a case for layoff.

Once you document the problems with the employee, you can terminate him or her if he continues to cause problems. Again, this is only an employee written notification, and you don't want to make threats about firing if work doesn't upgrade. * An employee calls the employer an abusive name, either in front of other employees, or privately, and then continues to do so after you warn the jobholder about it. If you document everything that an employee does wrong using the employee discipline form, it will make separating them much easier. This minimizes the entire workers's negative feelings associated with a potentially bad situation. Explain to the worker that you have their human resources folder in front of you and that you have some bad news for them.