State laws vary, but to be on the safe side, you should give the worker his or her final check on the day of termination. Estimate your risk of a lawsuit with each person on the "hit list.". Before you decide to swing the proverbial ax and let a difficult employee go, you must have valid and legal reasons for doing so. Also, when you can't lay off the bad worker for some political reason . Low And Medium Risk Termination Checklist (Cont'd.) It is a mistake to assume that by terminating one employee, the others will improve their performance. How are insubordination and firing connected? In particular, follow-up when the employee gives you important information which could help the business in a unlawful separation suit. Also, don't be too surprised if the jobholder's legal defender calls you to negotiate on the behalf of his client. If you keep a insubordinate worker on the payroll too long, it will hurt both the working environment and your profits.

Given the average damage award in a illegal termination suit is over $500,000, your time preparing is worth it. However, always consider this type of reprimand as a tool for improvement first rather than a means of ridding your company of a insubordinate worker. The basic definition of "employment at will" says the employer or the worker may end the working relationship at any time and for any reason without fearing lawsuit. Do not back down from your decision, and use the termination memorandum to guide you through the exit interview procedure. If this is not enough, we will take legal action to ensure that company is reimbursed. Do You Need A Sample Written Letter of Termination?