Like with severance, you must make a business decision here and not let "principle" interfere. Always keep in mind that how you say something is as important as what you say. If you do, you will have greater success in protecting your small business from unlawful lay off lawsuits. If you're not going to enforce other rules, what is to make the employee decide to wear proper safety equipment and to follow other safety processes? In many ways, sacking a high level worker is no different from sacking any other worker. Instead of attendance, the way to fire this lazy worker is through productivity tracking. During your discussion, you should inform the worker what he or she did wrong, inform him or her the actions you will take, and warn her or him of the consequences if the action reoccurs. If you own a business with strict OSHA laws on employee hygiene, it is imperative that you enforce them with your personnel. As an employer you may wish to have the worker sign a worker separation agreement or a non-compete agreement. Anyone and everyone can file a legal action. Either offer the employee his job back or give him a settlement in return for his assurance he won't take lawsuit. Example: "Given that ABC Company wants to upgrade, what do you wish you could've done differently?

Get a legal adviser involved if you face something similar. Develop Guideline Severance Agreements. A Sample Notification of Lay off for a worker.