You want to layoff him right away. Second, you're collecting substantiation to support your reason for separating if your worker fails to upgrade. Your personnel will probably have a mixture of feelings about the lay off of the high level employee. Under the Federal Worker Adjustment and Retraining Notice Act, mostly known as WARN, you must provide advance notice of mass dismissals and plant closings to employees within 60 days of the firing. To do this, you will need to coin an employee firing memorandum that details the reason for termination and the effective date of lay off. The following is a sample of a termination memorandum for terrible productivity.

o Uniform Services Employment and Reemployment Rights Act Law. Today, however, lawsuits for illegal separation are common. o Compare performance to a standard. Remember former workers can begin a smear campaign against you and the business and this will only add to your current problems. Never try to layoff a worker "on the fly." You are opening yourself up to legal issues and giving the employee ammunition to argue about his or her layoff. Unprepared managers will find sacking a disabled employee tough. You may learn in the appeal the firm has forced the jobholder out due to a hostile work environment. The day before the layoff, you inform your IT, security and accounting people. My guess is you also found several other sites giving you overly simplified processes for worker dismissals. Stay away from these wrongful reasons as you build your case against a bad employee.