Give 2 or 3 chances with formal warnings to increase before firing. Again, check with your Personnel department and see what the standard severance package should be. Before you decide to separate any jailed employee, you should keep a log of events that take place following the incarceration.

Finally, hand out a copy of the "Survivor's Communication Package" (again please call it something else like the "New Direction" package). If you have followed all these steps, it's dismissing time. In a recent Cornell University study, researchers found that how the company dismissed the jobholder was a major factor in any resulting litigation. Also, many states compel the employer give the real reason at the worker's request. For example, don't layoff a bunch of older employees and, then refill the positions with younger workers 6 months later. At the close of the firing meeting, give the original copy of the worker lay off letter to the former worker while keeping a copy for your records. If the lay off is amicable, you can also discuss the potential for rehire. If counseling and warnings fail, the small business owner or Personnel director should separate the difficult individual and hire a better individual for the job. Given the average damage award in a wrongful layoff suit is over $500,000, your time preparing is worth it. Perhaps one of the most important issues when disciplining your workforce is saving their dignity, so when they are a rehabilitated employee, they will still have a sense of pride about working for the small business. Lastly, this warning should clearly spell out what will happen if the jobholder chooses to break the rule again. If the gross misconduct occurs and could damage the company, then you must take full use of your policies and reprimand the jobholder, possibly even separating their employment.