As you complete the form, you should think through the jobholder's behaviors, how it violates business policy and what the employee should do to change. How You Deal with Worker Misbehavior Affects All Worker Performance. If the employer has a standing policy saying this action results in lay off, then the supervisor has the right to dismiss. It is critical workplace group spirit that you handle employee misbehavior properly. Gross misconduct and Employee Safety Issues are Directly Linked. As a business owner, you have to remain objective as you collect information in the exit interview, and cannot get defensive at the statements made by the worker. 4) The jobholder has 21 days to consider the agreement. A business should always keep in mind that certain employees may claim discrimination for errant firings. It is best to schedule the termination meeting on a Friday, as this reduces the chances of the jobholder coming back the next day and causing problems. However by including a reason for termination in your letter, you explain the basis for your decision. A special note about personnel' compensation: You can't lay off an employee because she has taken advantage of employees' compensation. When your small company does not provide a remedial program, you can require them to seek outside help.

Lastly, a memorandum of separation sample should include a brief statement about the nature of the dismissal. Even if you know the firing is necessary, it is difficult to look someone in the eyes and tell her or him that their services are no longer needed. I know this may go against your principles, but it's a reasonable firm decision when the troublemaker is costing the firm lost time, lower esprit de corps, lost performance, regulatory fines and legal hassles. Don't ever blame a worker who's no longer with the company for the company's troubles.