If you have completed the first two steps in the firing process and the jobholder still is not working up to your directives, it is time to begin separation proceedings. And, when word gets around back at the worksite you're fighting "poor ole' Joe" about his unemployment claim, you'll lose the remaining workforce' goodwill and some performance. But someone who's politically protected or who costs too much to terminate makes a good candidate for reassignment or transfer. First, if the gossip is about an person jobholder, it can cause much pain not only for that individual, but also for their coworkers. In this case, you can fire the worker for job abandonment because she only gets 12 weeks of protected leave under FMLA. But if you think of it as a standard business program to follow, you can get through it more easily. It eases tension among personnel who might otherwise get the idea the firm has no heart, and they might begin to imagine themselves as one day walking out the door empty-handed. I've written a termination notification explaining the rationale for your separation and how we're going to assist you through your career transition. And it is important to fire this employee.

In such a situation how do you make sure that your lay off notice is employee foolproof? One of the most trying parts about being a sole proprietor or Personnel supervisor is dealing with difficult employees. In the past an employer could terminate an employee who did not meet their expectations or who did not fulfill their job duties. If you, or a subordinate, lay off a bad individual "on the spot," you'll probably face a wrongful termination suit. If you dismissed the employee for misconduct, you should back this up with documentation. Keep in mind there are several laws that apply to worker rights in lay off. As difficult as it may seem, it is important to attack the problem, not the person when dealing with difficult employees.