You should consider hiring a private investigator when the individual accused of gross misconduct is either a whistle-blower or a member of upper management. Never try to lay off an employee "on the fly." You are opening yourself up to legal issues and giving the jobholder ammunition to argue about her or his lay off. One of the most major applications for employer's rights is the area of dismissing or dismissals. Please call me when you have questions about your dismissal package and the separation settlement. Once you have fulfilled these guidelines and the worker still refuses to change their work habits, proceeding with termination is the only outlet, whether a contract exists or not. Please be aware we've already impounded your computer and turned off your passwords according to our policies and procedures.

These all favor the terminated worker. The written documentation about the lay off should ideally include a series of escalating discipline actions. Whether you fire employees for performance based reasons or on the account of business wide lay offs, this particular chore is never one to approach lightly. Unfortunately, sacking workers is part of doing business. There are 3 reasons you must use progressive discipline. Note about the notification: Don't worry too much about the phrase encouraging the employee to see her legal counsellor. The psychological reason for this meeting is to give the worker a chance to "have his say." He wants to tell someone from management how unfair you and the firm have been. Some items you must include are dates of employment, the nature of employment, and the reason for dismissal. Without strong standards for job termination, you'll find it difficult to dismiss the problem worker quickly enough.