Your first step is a thorough review of firm policies including handbooks and any employment offer notices that you gave the jobholder. Whether you choose to share your predetermined rehabilitative action with your workers or not, planning your response to gross misconduct in workplace environments has two major benefits. Under the Federal Jobholder Adjustment and Retraining Letter Act, generally known as WARN, you should provide advance notice of mass lay offs and plant closings to workers within 60 days of the firing. You may have work rules specific to your small business or industry which I didn't cover in my list of legitimate lay off reasons. The hearing officer will sit at the head of the table, the ex-worker will sit on one side and you and your eyewitnesses will sit opposite.

So firing them in a traditional dismissal meeting can be difficult. This will stop an ADEA illegal layoff claim. While you cannot resolve their problem, you might suggest the employee finds a way to work around so business can continue. The first step you must take when separating a jobholder is to document everything. This may include employee relating a private conversation between him or her and a boss. The next chapter gives you a program for estimating your lay off risk. This is the best way to avoid legal battles if you eventually must lay off them. Remember former personnel can begin a smear campaign against you and the small business and this will only add to your current problems. State you're offering the employee a voluntary separation package. Since separation is always an emotionally charged situation for both the manager and the employee, you might include some special instructions for the supervisor. When you decide you must layoff some employees, you must start having weekly firm or department meetings.