Not only must you document the problems you have had with the employee, but you also should prove that you effectively communicated your directives to them. Far too often employers lose on these claims simply because they failed to document the reasons on a layoff properly. If you take the time to sit the employee down, and draw them into a conversation that is not accusatory or confrontational, then they may make clear what is going on with them outside work.

There is a dire need for the supervisor to take immediate action. If you eventually layoff an bad, incapable employee, that individual may retaliate against the company by filing a wrongful lay off law suit. Give the reason for the dismissal. But, I've decided to give you another chance because of your long service with the business. Frankly, it's just a firm decision. Don't worry if this takes an hour or two. It is critical to workplace group spirit that you manage this problem appropriately. Also, make sure to include the impact of her bad behavior on you, other personnel and on the company. If you fail to do it right, you might find yourself in a litigation. Dating back to 1915, employers have included a pink slip with the pay stub notifying the worker of their layoff. It is important the worker understands why you're dismissing her or him. Keep in mind you must follow the small business's policies for investigations.