If the worker is harassing other employees, for example, a court can find you guilty of failing to discipline the employee for her or his actions. Employment claims and liabilities you're releasing include, but are not limited to, those arising from the Age Bias in Employment Act, Title VII of the Civil Rights Act, Americans with Disabilities Act, claims of unlawful layoff in violation of public policy, claims of breach of contract, claims of breach of good faith and fair dealing", Fair Labor Guidelines Act, Family and Medical Leave Act, tort claims, Occupational Health and Safety Act, Pregnancy Discrimination Act, Older Employees Benefit Protection Act, Civil Rights Act of 1866, Uniform Services Employment and Reemployment Rights Act, Jobholder Adjustment and Retraining Notice Act, and the Sarbanes-Oxley Act. It may help to have them present at the layoff meeting. If you ask the worker to do work within her or his job description and within business policy, the worker should comply. Even if you have a guideline written package, using it to separate specific employees can get complicated. If the original hiring boss goes ahead and fires the problem employee, it's hard for the employee to claim this supervisor dismissed her because he held prejudice against her.

In it, you should list facts and back up the grounds for lay off. If Terminating Jailed Personnel is the Only Answer. Gross misconduct is the act of defying authority. Frankly, the owner or supervisor just screws up. By targeting the problem early, having a paper trail, and writing a notice of lay off for cause, the firing will not be as difficult. Give the date by which the worker should sign the separation document and inform the employee you encourage him to have an attorney-at-law review it. If you have an problem worker that you allow to be bad-behaving without repercussions, you'll notice a decline in the moral of your other personnel. I'm a turnaround consultant and the author of the best-selling, "The Insider Secrets to Saving Your company: The Step-by-Step Turnaround Guide." (www.turnaroundcentral.com) In case you don't know, turnaround consultants save failing companies from bankruptcy. If you're an employer and you have a good reason to terminate an employee, there should be no legal problems to hold you back from firing him and improving your workplace.