If you terminate both, you would get a improper layoff claim for sexual harassment from both women. Also, make sure to include the impact of her bad behavior on you, other workers and on the business. Because they live in an "at will" state, they think they can sack anyone whenever they choose. But, because you thought you were separating under good terms, you don't have papers supporting your separation. He should pay both the worker-paid share and firm-paid share of his health insurance premium. During a recent phone conversation with Dave Ferguson, Department B's boss, he said he overheard you questioning my management style at lunch on Tuesday.

Owing to inadequate productivity, the Company is terminating your employment effective immediately. If counseling does not reveal a valid reason for bad performance or reveals a problem that cannot be resolved, you should issue a documented warning and place in the jobholder's Human resources folder. Even if you know your worker is taking leave under FMLA, you can still dismiss her or him. In addition, it should provide you with tips and advice in case the employee files a grievance or a legal action against you for improper termination. Learn how other small business owners are dismissing insubordinate employees while lowering their risk of illegal layoff lawsuits. If you're dealing with a troubled (or troublemaking) employee, this can be a blessing because without having to deal with difficult employees can be wearing, both to the workplace and the supervisor. Step 1 in How to layoff Someone: Document Everything. But if you think of it as a guideline firm program to follow, you can get through it more easily. Here's an example of using escalating discipline for gross misconduct.