If the employee is in jail for an extended time, it is going to be a problem for the small business. And since most courts believe you should give time for the employee to learn her job, you shouldn't dismiss a new worker unless she has been with you for a year. After reviewing his workforce file, you're astonished his previous supervisor has rated him "above average" on his performance appraisals over the past 4 years.

And, you tell him 3 times you'll lay off him if his performance doesn't increase. If you search the Internet, you'll find a few sample worker termination notices. The longer a problem individual continues to make problems, the worse the workplace environment will become. Here are some other alternatives: If the jobholder is a poor performer, you should put the employee into progressive discipline and give him a chance to upgrade. For example, the boss should not claim "downsizing" when he or she plans immediately to hire another worker to perform the same job. Give 2 or 3 chances with formal warnings to upgrade before dismissing. First, be sure that all personnel who don't have a contract understand they are at-will workers. By the employee offering to resign, you cut your risk of a suit dramatically. If the employee fails to upgrade as the result of progressive discipline, you'll have built a sufficient case to fire the worker without risk of facing a litigation. If the meeting went badly and you suspect the dismissed worker might return with a gun, you should have a security guard posted in the lobby looking for her return. In addition, the services of a legal counselor are costly. In each these cases, the well-informed employer will have clear papers the jobholder understood company policy.