If you lay them off owing to a business restructuring, they will leave on better terms than if you separate them for violating company policy. The first step in separating someone is gathering evidence. Separating a jobholder is never an easy process either for you or the worker, but sometimes you will have no choice. If the worker fails to increase as the result of escalating discipline, you will have built a sufficient case to terminate the worker without risk of facing a suit. By knowing the risk, you can plan correctly for the layoff and minimize mistakes. 7) Follow-up any extra eyewitnesses and copy documents the accused employee says support his story. It can be scary for many Human resource Workers or small company owners. And, if the jobholder had a company car, inform her you'll pay her back for cab fare. (See Chapter 7 for how to sack for gross misconduct.) A supervisor of a friendly competitor says, "I understand you have been cleaning house recently.

Have a representative review the notification and make sure you're following proper company methods. As an employer, you must set specific standards defining sexual harassment in your workplace. Saying or writing the wrong thing can easily lead to a bias suit or a improper layoff litigation. Because the guideline termination approach was so flawed, I developed the lay off Risk Estimate & Protection System(tm) (TREPS). By setting up a guideline procedure, you reduce your chances of having an employee file a illegal layoff suit. Give 2 or 3 chances with formal warnings to improve before dismissing.