Owing to her inadequate performance over the past few months, we've given her warnings with the latest being a final written warning. This means that you should also document all training you have provided to the worker as well as all meetings you have had with her or him. It gives the personnel a sense of security to know they have a positive notice of recommendation in their possession. Lastly, you may use an employee rating system where all employees get regular feedback on their performance. The purpose of downsizing is to make the small company more profitable and more cost-effective. As a small company owner or Personnel Boss, you must handle your employees with care. It tells the employee exactly why you're terminating her, explains her severance benefits and introduces her to the severance agreement, when you're offering one. (This is because he didn't ever write a rebuttal.) The Jury's Conclusion: The employee's alleged wrongful reason is bogus and only invented after the fact to extort money from the firm. It briefly outlines the problems you are having with the jobholder and spells out what will take place if the employee fails to correct his or her behavior. Employment claims and liabilities you're releasing include, but are not limited to, those arising from the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, Americans with Disabilities Act, claims of improper lay off in violation of public policy, claims of breach of contract, claims of breach of good faith and fair dealing", Fair Labor Standards Act, Family and Medical Leave Act, tort claims, Occupational Health and Safety Act, Pregnancy Bias Act, Older Workers Benefit Protection Act, Civil Rights Act of 1866, Uniform Services Employment and Reemployment Rights Act, Employee Adjustment and Retraining Notification Act, and the Sarbanes-Oxley Act. According to ERISA (another federal law on retirement benefits), you can't dismiss a worker to stop her from getting a retirement benefit.

Every company from the smallest home based company to large corporations should have one. (By the way, if this is a high risk dismissal, you don't need a dismissal memorandum since your goal is to get the employee to resign voluntarily.) Document well and act professionally. Another point that may assist you is paperwork showing any extra training or counseling needed to increase their job performance. But, don't be apologetic because you have nothing to apologize for.