I call this the indispensable employee syndrome. How to Break the Bad News, Dimissing a Worker with Dignity. A Sample Employee termination Letter for Theft of Misuse of Property. Gross misconduct in itself is the refusal by an employee to follow a valid instruction from an individual in the jobholder's chain of command. When you must lay off an employee, you need a guide to be sure of following all laws and state and federal Labor Organization rules. Fired employees can get unemployment compensation. If you make this a compulsory transfer, the employee could quit, claim constructive discharge and still sue you for improper layoff. For example, you have 10 people in your organization and your supervisor tells you must make a 20% cut. As long as the poor performance or behavior occurs within a reasonable period, like 6 months, you give him another Final Written notification. It is an intimidating action to do at first, since you're sending a separated employee into unemployment. In addition, cutting back an employee's hours which, in turn, forces him to resign to find more hours is an involuntary lay off.

Look at his overall job performance, previous discipline and any suggestion of a bad behavior pattern. 13) Give a contact person when the worker needs to discuss the firing after the meeting. If you're terminating the guy and he says, "You can't sack me. Memorandum #4: "Medium Risk" Lay off Notice - Layoff Because of Business Wants.