If called on to layoff an executive level worker, a personnel individual should view it as a challenge, but also as an opportunity. Having a bad disposition in itself is not always a problem. And, what can you do to prevent the jobholder from retaliating against your and the small business? It is essential you write a worker firing memorandum professionally and accurately. But, it puts you in the running for a law suit because the worker is angry. 1) Likely this disgruntled worker has good performance evaluations done by your predecessor. A high risk separation is where the employee is probably to sue and you have inadequate papers. In fact, he likely has been building a case against the company in preparation of a unlawful lay off suit. Employers Rights Legal Hiring Practices. I recommend you send a hard copy of the termination documents (lay off notification, separation contract, COBRA notice, final paycheck and severance check) to the jobholder's home address by certified mail, return-receipt requested.

He may be the kind of person who lives to aggravate others. Wrongful Conduct/ Whistle-Blowing/ Litigation. If you decide the employee violated a gross misconduct rule, you can dismiss him right away. Because of the circumstances of your separation, collection of unemployment will not be possible. Abusive language used by personnel directed toward supervisors or managers as well as other employees is also gross misconduct. In it, you must list facts and back up the rationale for dismissal.