High-Risk Dismissal Checklist. Finally, you give the worker several chances to offer his own performance improvement plan and to rebut your warnings. A brief set of notes will help you be sure to "cover all the bases" when you call the jobholder in for the layoff interview. First, gross misconduct happens when a worker refuses to carry out a direct work order. In the employee reprimand you should state what the expected productivity is and what the consequences will be should the jobholder fail to meet it. Employees think they're entitled to unemployment regardless of their behavior. After doing your research and being current on the laws for your particular company in your state, build your terminating disabled employees policies around these laws. Also, you may want an Human resources supervisor or an attorney to review it. In it, the jobholder agrees to not challenge his dismissal in court, and in return he gets an increased dismissal package. A special note about workers' compensation: You can't fire a worker because she has taken advantage of workers' compensation.

If you just blindly react to the worker in question, it can create chaos in the workplace. This will aid you during the discussion with your problem worker. In Chapters 2 and 3, you get a listing of rationale for terminating or laying off a worker. What is the best way to affect your company's culture by changing its personnel? Even when separating an "at will" worker, the supervisor must exercise care in wording the grounds for the lay off. (Likely these steps will be consistent with any investigatory policies you have.) But if you don't have a policy, then this program is proper for any gross misbehavior inquest.