2) The employee, your management and a jury won't find your early evaluation of the jobholder's performance believable. Worker termination Memorandum Sample Format. Clearly make clear the when, why, and what of the firing. In this sample lay off memorandum, the tone is slightly more familiar. But you have to get all the facts. For example, suppose you sack someone for theft after a proper examination and review of the evidence. During your discussion, you must tell the worker what he or she did wrong, tell him or her the actions you will take, and warn him or her of the consequences if the action reoccurs. Eventually you'll resort to a verbal notification, a written warning and a final separation memorandum.

If anything, these forms will provide your legal department or the small company's legal counsellor with enough proof against the employee should legal problems arise from the lay off. If the performance problem or misconduct is minor, handle the problem informally with the worker, possibly over lunch or in a one-to-one meeting. Answer any questions the employee may have. Illegal Conduct/ Whistle-Blowing/ Law suit. Do you have trouble dealing with employee insubordination? Despite popular belief, most managers will not go through with a layoff unless they have valid reasons. However in the low-risk case, it's unlikely that a worker will sue or a lawyer will take her case.