It should clearly spell out and document the reasons why you terminated the jobholder. If you are the supervisor, you should do it right. Rarely is an employee ever laid off on the spot unless that person is a threat to the safety of other personnel or involved in criminal activity. For example, you don't want to say in a department meeting, "We are looking to get some new blood in here." Then, a week later, you layoff a poor performing 56-year old worker. If called on to sack an executive level employee, a human resource person should view it as a challenge, but also as an opportunity.

Before sacking of workers, you should keep any memos that show dates of offending behavior, substantiation of wrongdoing or incompetence, or facts of declining performance. As we've discussed before, you can be in court and lose the case even when you have a documented legitimate reason for the firing. Also every employee should have a hard copy of these rules that discusses offenses that may result in immediate suspension or separation. As I stated obviously in your final warning, you were to (list specific expectations) to correct (the performance related issue). Dealing With Claims Of Improper Job termination. And, you must never express in your separation letter that you feel bad for terminating her or him — although I know that it seems kind. And if the disgruntled worker elects to buck the system, you're better-off without him or her. In the worker reprimand you should state what the expected performance is and what the consequences will be should the jobholder fail to meet it. Here's a sample written notice of lay off: A fair investigation means you get the jobholder's side of the story, talk to other corroborators and gather physical evidence (if any) in a proper way. (By the way, these types of employees give you plenty of opportunities.) After you have given her 3 chances to upgrade her behavior, you'll have no choice but to dismiss her.