If you layoff for gross misconduct, your papers must prove that a direct order was issued to an employee, that they understood it and that they refused to obey it. If this is the case, you should hand it to the jobholder during the lay off meeting. After all, a worker that is bad-behaving is one that believes he or she can make and live by his or her own rules. I know this may go against your principles, but it's a reasonable company decision when the troublemaker is costing the business lost time, lower group spirit, lost productivity, regulatory fines and legal hassles. Be sure to provide written documentation of what the worker returns both for the jobholder's records and the company's records. Also, you may want to contact an attorney and decide on a legal strategy.

When you have a difficult individual, you must carry out the jobholder dismissal program properly to ensure you and the employee's rights are seen to. A sample notification of misbehavior helps set up a formal, unemotional tone when dealing with difficult employees. Just to let you know, I got his approval for this lay off, and he's aware of all the circumstances.". If you find the separated employee has gotten her legal adviser involved unexpectedly, just make a change. If you fail to do this, the jobholder has the right to take law suit against you. Separating Troublesome Personnel, Go Quietly and Carry a Big Stick. (But don't forcibly demote him . If you have followed the proper methods and have collected the right evidence, you incur no more risk by including the reason for layoff in your memorandum. If you believe you're "laying off Joe," you might only read Chapter 11: "Procedure for Laying Off Workers." In this case, you would make a mistake following this process for terminating Joe, and not following the proper processes and choices given in Chapters 9 and 10 for firings.