I have written this chapter from the perspective of involuntary terminations (firings and lay offs). It is a crucial part of the lay off process. Also, it's misbehavior that has severe consequences for the company. The first step you need to take when terminating an at will employee is to document everything. Just thinking of firing that individual and placing an extra load on her or him can be bothersome, even if you know the jobholder should be fired. However, based on her allegations of sexual discrimination and her rebuttal, she's probably to take legal action. But by taking a few precautions, following program and documenting the method, you can deal with the problem efficiently and effectively while avoiding future lawsuits. Dismissing Employees Guide - What You need to Know. If the jobholder fails to upgrade as the result of escalating discipline, you'll have built a sufficient case to fire the jobholder without risk of facing a legal action. In TREPS, you evaluate your separation risk through 2 simple tests. Even if you're an experienced Personnel Manager, you must remain continuously up-to-date in the best practices for employment termination.

This means that you must also document all training you have provided to the employee as well as all meetings you have had with him or her. After you have created your layoff notifications, call a meeting with all of your workforce and let them know about the lay off. It is potentially dangerous to sack a pregnant worker because, under the Pregnancy Discrimination Act (which is part of Title VII of the Civil Rights Act of 1964), it's illegal to discriminate against pregnant employees. First, I don't recommend the dismissal supervisor as the exit interviewer.