I can't sack him for that reason for fear of violating his right of free speech. If the company manages its own plan, then you have 30 days to inform the employee of his COBRA rights and the jobholder still has the same 60-day election period. Keep in mind there are several laws that apply to employee rights in termination. And, your lay off memorandum will be a key document since it should make clear the specific reason for the dismissal. Having Standards For Job termination Is A Good Firm Practice. When you are telling the employee of your grounds for letting him go, he may get the idea that you are just "warning" him. ANSWER TO PART A: "Yes." You have a law suit coming for several reasons: 1) You're separating the 2 employees because they're women and this is improper. If you decide the jobholder violated a gross misconduct rule, you can dismiss him immediately. Are you a timid entrepreneur or personnel person?

As an employer, before beginning the layoff procedure, it is essential to give personnel the opportunity to redeem themselves on-the-job. Also, if you retaliate against Mary, Jim or Dave Ferguson for telling me about your comments, I'll separate you summarily. Also, you must write the document in clear and concise language. For example, you inform a jobholder to do something one way and the employee does it their way. *Which worker has the best outlook toward the business? because it's the only published source that clearly gives you proper procedures for sacking problem employees and laying off during a downsizing. If you are dealing with a difficult employee and need a paper trail in case a separation is necessary, an employee written notice is a good place to start.