If you should refill the position in less than a year, redesign the job so a younger employee with a lower skill level is a better fit. A escalating rehabilitative program is always best when possible. Every company should have set ground rules and guidelines, and every employee should have a hard copy which discusses offenses that may result in immediate suspension or termination. If I sack my insubordinate worker, I can count on losing a law suit. All insubordinate employees start making trouble long before you begin the lay off method. If for some reason, you're even just a little untruthful, be sure the worker's legal adviser will use it to prove improper discrimination or motivations. (Chapter 4 covers this in detail.) If a litigation is filed, this wastes more business resources. If necessary, the dismissal memorandum may need to explain retirement accounts or life insurance policies or specify who can help with transferring these benefits. It is best to involve Personnel and your chain of command.

You don't want the jobholder claiming they did not receive the memorandum, in case further action has to be done. If you are dealing with a disgruntled employee and need a paper trail in case a lay off is necessary, an employee written notification is a good place to start. Why is it the worst at will workforce, the ones that you simply should lay off, are always the ones most probably to sue you? Here's the key to terminating someone who's taking advantage of FMLA. Don't Tolerate Gross Misbehavior.