Make sure the memorandum gives the official date of separation. Start making these plans now, but don't start giving away those duties until after the lay off meeting. The employee will, unquestionably, claim the "real" reason for her dismissal was because she took employees' comp, and she'll get a legal adviser to sue you. To make a valid case of rightful dismissal, such a series of progressive discipline actions should detail oral warnings that have then progressed to written warnings, followed by suspension and then separation.

You should only gather physical substantiation if it belongs to the firm or no one (like the empty beer bottle) and you have unrestricted access to it. Unless the action is an extreme offense that calls for immediate lay off, you will need to build an important case when it comes to dismissing personnel for misconduct. These firm pressures force us to cut your position. They'll then scrub the hard-drive for you, and you can reassign the computer to another employee. No attorney will want a case he can't win. Whether the infraction is on-the-job drinking or frequent misbehavior, the firm's well-being is too important to let the worker slip through the crack. Most of the time, the dismissal of workforce occurs when the jobholder has done something to deserve getting laid off. Your employee has the right to remain on your insurance for up to 18 month after layoff, but he or she will have to pay the company-paid portion of the insurance. To help clear up the grounds for the dismissal, create a brief memo which outlines the business's new strategic plan with the goals you expect to achieve. Then make clear what severance you will give the employee and how you came to these final numbers. Protecting the You and Your business with a Notice of Layoff.