An ex-worker can easily win a improper separation suit. (This is because he didn't ever write a rebuttal.) The Jury's Conclusion: The worker's alleged improper reason is bogus and only invented after the fact to extort money from the company. After the introduction and cutting off any small talk, you must inform the worker she's laid off. If you dismiss both, you would get a illegal lay off claim for sexual harassment from both women.

If you layoff employees due to downsizing, keep the all workers informed. A jury will wonder why you only checked this worker's resume instead of everyone's in your organization. In a private meeting, you must tell the employee you're suspending him with pay for 3 days. For example, you must list when the worker will receive the final paycheck and what his severance benefits are. I don't support separating someone for off-duty conduct and lifestyle. I recognize that I've received a copy of this separation notification. (Don't separate everyone in a group meeting because this is an undignified way of terminating employees and can lead to lawsuits.) If you have completed the first two steps in the firing process and the worker still is not working up to your directives, it is time to begin separation proceedings. As an example, your risk of sacking is much less when the employee has punched his supervisor in the face - than when you sack a high-performing 60-year-old employee to give your daughter-in-law his job. (Undoubtedly, when your small company already has policies and processes about dismissals, these supersede the list below.) But you'll face certain risks firing employees. The Second Step When Separating Workforce: Prepare for the firing Meeting.