Make sure that the company has policies that outline how you take corrective actions, from warnings to letting people go. To make matters worse, courts typically favor the employee in these improper dismissal suits. This could include video proof, bank account statements, or even eyewitness accounts from other personnel). She had not kept records of productivity, and therefore ran a high risk of a unlawful layoff suit. Please don't use 'downsizing' as an excuse for separating insubordinate employees, or creating a culture change in the organization by replacing old personnel with new ones. Undoubtedly the warnings should improve severity with each subsequent occurrence. Stress how much the extra severance benefits will help the employee and her family. o Marital status (married, divorced, single, living together and so on). Your employee write ups will protect you if the worker files a improper termination suit. To qualify for these extra severance benefits, you agree to release unconditionally [Your small company] and its representatives from liability for ANY claim arising from your employment including this separation.

Not only does it lower your chance of a improper dismissal suit, but it sends a message to your good workers you won't layoff them on a whim. While this works for low-risk personnel, this is not the right approach for medium and high risk personnel, which are the majority of termination cases. This would include dismissing the worker for. The supervisor separated her for gross misconduct and job desertion after a 3-day investigatory suspension. Make sure it does not contain any language that puts the company at legal risk.