You also must document all the corrective actions you took to help him or her improve job performance. It is potentially dangerous to layoff a pregnant employee because, under the Pregnancy Discrimination Act (which is part of Title VII of the Civil Rights Act of 1964), it's wrongful to discriminate against pregnant workers. Employee Theft of Business Property: Sometimes an employee will steal small items of company property. As an employer or manager, keep a record of your experiences with this worker. If you feel the need to separate the jobholder on the account of many small incidents, you should attempt to isolate the underlying reason behind the incidents.

If you're negotiating with the employee, be aware an attorney is likely coaching her behind the scenes. Most separations do not end in long-drawn-out conversations, but guarded goodbyes, but be prepared for pleas and some shameful comments. If you can't make clear your reasons in a professional, non-emotional way to the jobholder, you should question how legal they are. And, what can you do to prevent the employee from retaliating against your and your small business? How To Estimate Your Lay off Risk. In this article, I discuss 3 issues which can hold a owner back from sacking a bad worker. But for a mass layoff, having a security guard or security employees ready is a good idea. But, what should you do about gross misconduct? Experts suggest several methods to protect the firm so there will be as few lawsuits or other legal maneuvers as possible by former personnel. And you shouldn't refill the job for at least a year even if company conditions improve.