If your former employee decides to file a illegal layoff litigation, his legal adviser may use your lay off letter in the proceedings. If for some reason, you're even just a little untruthful, be sure the jobholder's legal counsellor will use it to prove unlawful discrimination or motivations. The jobholder also should sign the form, so it becomes proof the employee knew the reasons behind the layoff. Employers Need to Know How to Layoff an employee.

Tips for Firing Employees for Sexual Harassment. If the jobholder is facing unbearable conditions (such as unlawful harassment or any of the wrongful reasons in Chapter 2), the worker may still resign and sue you for constructive discharge and unlawful lay off. Create a documented memorandum, but keep it as short and factual as possible. If the worker is eligible for a benefits package or if your company is stopping benefits, you must include this in your employee termination memorandum. I recommend you send a hard copy of the lay off documents (dismissal memorandum, separation document, COBRA notice, final paycheck and severance check) to the employee's home address by certified mail, return-receipt requested. And, if the dismissed employee needs to negotiate her separation package, you must get the proper boss involved to follow up. For example, you will probably need to draft a dismissal package for the employee. If you're firing the employee for drinking on-the-job, for instance, don't beat around the bush. During the firing meeting, you'll discuss the contents of the employee lay off letter. Employee Theft of Company Property: At times a worker will steal small items of firm property. If a jobholder has often failed to perform on schedule, you have likely provided warning letters or counseling sessions which you have detailed. And you wouldn't read Chapter 11 when you're only firing one worker.