Don't give a false reason to soften the blow, such as the "company is down, we just have to let you go," when the real reason is poor job productivity with three written warnings as evidence. In step two, you must discuss the issue with the at will worker. If the new hire repeatedly can't meet the job requirements, then give him a oral notification. (You may want to state here proof to support the claims of any employee stealing or misusing firm property.

I don't need to make their off-duty conduct my firm as well. Also, you may want an Human resources supervisor or a legal counsellor to review it. As a boss, you can't hide from it when it happens. I've written a layoff notification explaining the reasons for your separation and how we're going to aid you through your career transition. This sample discipline notification should clearly define the prior issues with the worker and then spell out the disciplinary action taken in the second paragraph. And, you can retreat to your office if the worker "wants a moment" during the layoff meeting. The first step you need to take when dimissing an at will employee is to document everything. I hate running to an attorney-at-law and paying at least $1,000 to answer this question for every new "tricky" layoff. Be genuine in your approach, and there's a possibility the fired employee will sign the agreement during the exit interview. Although your small business probably has a "name, rank and serial number only" reference policy, probably your managers and employees are giving reference interviews against the policy. This gives you an important legal document if the worker later decides to file a suit in court. Therefore, if an employee and his legal defender file a bias claim, you can prove your decision was lawful and nondiscriminatory in nature.