By the employee offering to resign, you cut your risk of a litigation dramatically. (Here, mention all the reasons for the layoff as well as warnings you gave to the jobholder). Before separating a jobholder, get the employee's personnel or workers folder to have all the relevant facts. (Certainly, you should document all this bad behavior when the meeting is over as it'll prove you were correct in dismissing her.) Don't take it personally and don't react to her taunting. I hate to see you go." Otherwise, the laid off worker will see an opening and start asking for her job back or another chance. For instance, you could appeal the claim because the jobholder resigned. Give company rationale for the termination. Policies for dealing with difficult employees in this area differ from company to company. In theory, separating an executive should be the same as dismissing a rank-in-file employee. As you might guess, the worker may get emotional during the reading of the notification.

Therefore, you must know how to separate an at will worker properly to keep yourself out of hot water. If the meeting went badly and you suspect the terminated employee might return with a gun, you must have a security guard posted in the lobby looking for her return. Does the lay off fit with precedent? The idea behind the discipline memorandum is to provide a paper trail for future reference. If you just blindly react to the jobholder in question, it can create chaos in the workplace.