In Tool #5 of the employee Lay off Toolkit (at the end of this book), I give you some sample questions for a "resignation" exit interview. If your community has recognized you in the past as a prominent, local business leader, you may feel added guilt. In the heat of such a moment, you cannot afford to neglect important items like collecting any keys or business property in the worker's possession. 7) How to separate a bad worker with a bad demeanor. If you fired the worker for misconduct, you should back this up with documentation.

Do not Tolerate Gross Disobedience. In Montana, the law requires any dismissal to be "for good cause." But as you learned in the last chapter, federal and state governments and judges have created over 30 laws preventing employers from firing for improper reasons. At this point, you need to draft a worker dismissal memorandum that explains the reason for the termination and the rights and responsibilities of the worker and of your company. Don't' hesitate to take action, especially when dealing with dismissal for cause. Important Legal Restrictions for Firing Personnel. Keep in mind that if there is a suit, a court can use your as evidence against you and the company. In this case, you should box up the articles and either put them in a safe place where the employee can later pick them up or mail them to that person. It tells the employee exactly why you're separating her, explains her severance benefits and introduces her to the severance agreement, when you're offering one. If the supervisor has a standing policy saying this action results in layoff, then the boss has the right to dismiss. However, fearing penalties or lawsuits — and not taking action against the employee — hurt you in the long run.