Since the employee has done something to warrant their layoff, there is not much need to make the jobholder feel better about their circumstances. Verbal warning: "You're now being place on notice that [bad behavior] is unacceptable in our department and company. You'll find out how to get the necessary evidence to dismiss an employee with a performance and behavior problems. The workers holding these positions are separated. o Excessive absences without approval. We need our workforce to listen and respond, without the entitlement demeanor or indifference. Yesterday, I heard you speaking roughly with your co-jobholder, Jeannie Heath. While this may be the case, and only you can decide, now and then workforce have troubles related to their life outside their work environment. The letter should make clear you are ending this individual's employment and give the effective date. o Documentation proving the facts including written discipline warnings, the termination memorandum and the jobholder handbook showing the company rules of conduct (if you have one). o Option 1: Layoff Right away.

Through papers, the difficult worker will know you're building a case on him and circumstances have gotten more serious. Your warnings will "memorialize" the incident, make clear how the worker should increase and tell her that her job is in jeopardy. This will make the lay off much less painful, since you're showing a personal vote of confidence in the employee (and showing the termination is due to financial issues rather than productivity). The most effective weapon you have against illegal employment termination suits is clearly written firm policies. This is a foolproof way to keep yourself out of court even when you may be firing the worker for an improper reason.