If he later files for unemployment, you can use this notification and his reason as evidence the company didn't force him to quit. Policies for dealing with difficult employees in this area differ from business to business. As a tool, the written notice template allows you to notify a worker formally of their errant behavior, and then take further suitable action if the warning goes unheeded. If I sack my problem individual, I can count on losing a litigation. Failure for nurses to follow employee hygiene procedures can spread illness among patients. In particular, you cannot layoff a worker because she is pregnant. And by preparing with evidence and corroborators, you have an excellent chance of winning. Employment claims and liabilities you're releasing include, but are not limited to, those arising from the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, Americans with Disabilities Act, claims of illegal layoff in violation of public policy, claims of breach of contract, claims of breach of "good faith and fair dealing", Fair Labor Standards Act, Family and Medical Leave Act, tort claims, Occupational Health and Safety Act, Pregnancy Bias Act, Older Workers Benefit Protection Act, Civil Rights Act of 1866, Uniform Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, and the Sarbanes-Oxley Act. Also, the general wording in your employee separation letter sample should set a respectful tone. Give the date by which the jobholder should sign the separation document and tell the employee you encourage him to have a legal counselor review it. For example, the Older Personnel Benefit Protection Act (OWBPA) covers the benefits you must make employees over age 40 aware of. After you have stated all the problems you had with the worker, it is best to provide some advice or encouragement for future endeavors (even if you wouldn't wish the jobholder on your worst enemy).

I recommend you send a hard copy of the firing documents (termination letter, separation settlement, COBRA notice, final paycheck and severance check) to the worker's home address by certified mail, return-receipt requested. Although much of this book has described how to lay off a single worker, this chapter discusses mass lay offs of workers. For some terminations, you have the legal right to dismiss immediately. If you have completed the first two steps in the firing method and the worker still is not working up to your expectations, it is time to begin termination proceedings.