A well-treated ex-employee is much less probably to sue, than one who's out to get revenge. EXAMPLE - Medium Risk Separation. In other words, the way you terminate the employee is much more important than the reason you separate him. Given the average damage award in a unlawful separation suit is over $500,000, your time preparing is worth it. After all, even those workforce without disabilities file lawsuits against their employers claiming that they have been discriminated against.

Person Firings Versus Layoffs: How Writing a Layoff Notification Differs. In other words, the way you separate the employee is much more important than the reason you dismiss him. 5) Ask the jobholder to repeat the key parts of the warning. As unpleasant as the idea of employee termination might seem, enterpreneurs and Human resource Managers can approach it in a well thought out way to minimize the negative feelings associated with "letting people go.". Clearly explain the behavior you expect and the outcomes for noncompliance. Keep in mind the entire separation notice should remain objective. A place to start looking for a firm legal counselor is www.bestlawyers.com. (I've included a cover note template in the employee Dismissal Toolkit at the end of this book. The bottom line is you can't use at will employment as justification to lay off based on reasoning that is unlawful. Finally, you should address how you will handle final pay will and describe any special severance packages.