As you may recall from Chapter 4, a high-risk lay off is one where the employee will sue for unlawful separation (if you layoff him) and he'll win in a court trial. But you should confront the problem employee using the policies or processes in place. Also you should record when they began exceeding their allowable leave days. It is always good to have the documentation in the hands of the staff before taking action, which ensures the legal grounds and makes employees know they can lose their job if they do this or that.

Like the warning meetings, you should document the termination program and clearly make clear the rationale for sacking. The exact information included in your employee dismissal agreement depends on you, the employee, and the specific separating situation. Give business reasons for the termination. How Long Should You Keep Documentation Of A Separation? And the dismissal manager is not to express any personal opinions about the employee or make any remarks that could be misread as discriminatory. Even when firing an "at will" worker, the boss must exercise care in wording the grounds for the dismissal. An employee who voices dissatisfaction over a request you make, yet carries it out, is not disobedient. In this case, you'll want to present the employee's resignation notice as proof. The sad part is they could have avoided all this if they had followed the proper dismissal program. If you miss another deadline in 30 days, no matter how small, I'll have no choice but to lay off you immediately.". As you write the warnings, you must show her job productivity doesn't meet your directives and doesn't fulfill her job requirements. By giving a formal warning, employers can hope to change the jobholder's direction and have them become productive again.