Also, it's gross misconduct that has severe consequences for the firm. Lastly, you don't have to be 100% correct for your documentation to hold up in court. Besides lowering your legal risk, the laid off employee's viewpoint will be the most honest you'll hear. If you have an insubordinate individual, you should address the problem and deal with it swiftly. If you're negotiating with the jobholder, be aware an attorney-at-law is likely coaching her behind the scenes. If the performance problem or misconduct is minor, handle the problem informally with the worker, possibly over lunch or in a one-to-one meeting. Don't make this oral warning threatening. It should be easy to use and it should help the dimissing supervisor draft the necessary write-up without risking the firm legally. If you feel you can't approach a worker calmly, you should leave it in the hands of an Hr supervisor.

As you're reviewing his personnel file, the young boss walks into your office and tells you he has AIDS. Frankly, with a high-risk layoff, you don't have to inform the "real" improper reason to the employee. Frankly, you'll likely not conduct an exit interview, especially when you're a supervisor of a small or medium-sized firm. If the off-duty conduct is harmful to job productivity or an embarrassment to the business, you can dismiss for this. This hinders your business as it places a need for further rehabilitative action later. First, write a note to the difficult individual's workers file or to Personnel.