By the jobholder offering to resign, you cut your risk of a litigation dramatically. An exit interview form should contain several questions that allow you to gain a better understanding of why the jobholder is leaving. If this is the case, you must hand it to the worker during the termination meeting.

However, if you believe the worker's performance can be altered, counseling personnel is an intermediate step before dismissing. Live with the problem employee or "layoff" yourself. An outplacement firm can help you custom fit the package to meet the worker's desires. Document the dismissal through progressive discipline or investigation of insubordination. Again, this will lower the chance of a lawsuit when her new supervisor fires the disgruntled employee. You also need to prepare for the severance terms you're willing to offer and prepare the lay off memorandum and separation contract. Because the guideline termination approach was so flawed, I developed the firing Risk Estimate & Protection System(tm) (TREPS). Because of [poor productivity, repeated misbehavior, gross misbehavior, excessive absenteeism, excessive tardiness], the Business is separating your employment effective ________. Sacking Employees and Increasing Your Performance. Standards For Employee dismissal. If your layoff isn't low or high risk, then it should be medium risk. If progressive discipline including oral and written warning cannot resolve the problems with a worker, it becomes necessary to lay off them.