Legal watch-out #1: Avoid saying anything in the meeting the worker might construe as improper discrimination. At the same time, the firing should take place within a week after the incident that triggered it. Remember that when using the worker warning form, you must allow the jobholder to make written comments on their actions, whether it is a rebuttal or an agreement. Finding a reason to fire the worker is the easy part, but you should be careful how you do it. For example, when you have thoroughly detailed the employee's theft of business property, you won't have to pay much over your first offer. Address the effective date of the firing and the grounds for it. If a you do not correct the problem then it spells trouble in the workplace. How to Separate an employee Step 2: Discuss it with the jobholder. Handing over the firm property is a physical sign the termination is a reality. Create a documented notification, but keep it as short and factual as possible. If you don't, go back to Chapter 4 and evaluate it now. I know this may go against your principles, but it's a reasonable company decision when the troublemaker is costing the business lost time, lower group spirit, lost performance, regulatory fines and legal hassles.

If the worker is a hazard to any firm and its employees (such as prone to violence or theft), then it's your duty to include this in your notice and phone references. By providing substantial documentation and following proper procedures when dimissing workers, you have a better chance of enjoying a smooth transition without concern of retaliation or a negative lash back. As a reminder, when you layoff the employee owing to "firm needs," you can't refill the position for at least a year, or you risk the worker bringing a improper dismissal suit.