And it protects you and your business from illegal layoff lawsuits. First, the employee should prove your statements were untrue. Finding out exactly what happened is the first action you as supervisor need to take in response to worker misbehavior. If you can't push a high-risk worker out the door, what can you do? Or, undoubtedly, you may have separated the employee for bad behavior or poor work performance. If the worker is facing unbearable conditions (such as illegal harassment or any of the improper reasons in Chapter 2), the jobholder may still resign and sue you for constructive discharge and wrongful lay off. Attorneys and Human resources professionals often call this a negotiated separation. If you fail to meet these expectations, you'll be subject to further discipline including the possibility of lay off. And it allows employers to hire as well as sack workforce for any reason - at least as long as you're not violating any other laws in doing so. If personnel personnel and small company owners keep our principles in mind, then we believe the laying off or dismissing of a certain worker can be good for the firm.

For example, address the notice to the employee, not the employer of the department or the personnel boss. (See Chapter 7 for how to lay off for insubordination.) After all, the firm is paying this employee to do his or her job. Legal counsellors call this constructive discharge. Here's the guideline approach you'll find in most books: To keep out of court, you must thoroughly document the employee's terrible performance or misbehavior before you separate him.