Step 3: Get An Independent Review Of The termination Decision. To keep yourself and your business out of trouble, you should follow proper lay off procedures. Remember you have to let the difficult employee be the first to mention resignation for it to stand up in court. When you're satisfied with the risk level and the cost associated with it, follow the remaining procedure and dismiss the jobholder. o Ask for questions the employee may have about her lay off and benefits. Without sounding too rough, you must let them know that revealing this secret is reasons for separation. Under such circumstances, the employee does not have to give the boss the reason for leaving her or his current position. You should give each worker his final paycheck during the lay off meeting. You can use progressive discipline for insubordination, but it isn't common.

o Trafficking in illegal drugs while at work. These comments are not as believable as observable on-the-job behavior, and an attorney will use these against you in court. Once she had enough documentation, Melanie laid off her incompetent employee. There are some exceptions to this rule (so check with an attorney-at-law), but, in general, you can consider it gospel for any size firm in any state. Reasons to dismiss a Difficult worker. They will aid you handle problems, communicate with the employee and serve as important legal evidence. You do not want the letter to reflect the supervisor's personal opinions on the jobholder.