I call this meeting the "Survivors' Meeting" but you must call it officially a "Firm Meeting." This helps decrease the remaining workers' feelings of guilt. It is a crucial part of the dismissal program. And, before he or she knows it, some opportunistic legal adviser is calling them on the phone asking for a $100,000 (or more) settlement for the "wronged" worker. If he doesn't increase after 3 warnings, you can legitimately lay off him. If you eventually dismiss an insubordinate, incapable employee, that individual may retaliate against the company by filing a unlawful layoff law suit. Be sure to keep a copy for the business records, and if you should mail a notice (if an employee works off-site), then use certified mail. The owner of the business or the worker's supervisor should sign it as well. If she ever feels threatened, she should come tell you and you'll make sure it stops. However, if you single only a few people out, that can also hurt the esprit de corps. Log in the number of hours they miss work, and any training sessions they miss.

Also, list any items the worker should do before leaving the building like returning keys, pass codes and firm property. Who should sign the jobholder termination agreement? In doing so, you won't surprise the employee with his layoff. 2) Not having enough evidence. As you may recall from Chapter 4, a high-risk dismissal is one where the employee will sue for improper dismissal (if you separate him) and he'll win in a court trial.