Also, list any items the jobholder must do before leaving the building like returning keys, pass codes and business property. As you know from Chapter 4, you give your standard severance package for a low-risk lay off. In the last section, you learned the At-Will Doctrine, while still the law of the land, is now just a toothless tiger when separating workers. If the employee is facing unbearable conditions (such as illegal harassment or any of the unlawful reasons in Chapter 2), the jobholder may still resign and sue you for constructive discharge and wrongful lay off. If an employee does not comply with your policies and procedures, make sure to document the offense.

If the company manages its own plan, then you have 30 days to tell the employee of his COBRA rights and the employee still has the same 60-day election period. However, these managers and Personnel people also know there are a certain percentage of personnel who can never get the job done. Besides explaining the reason for lay off, the form also allows you to describe how you will deliver the person's last paycheck. If negotiations break down and a litigation is likely, let me give you a little trick to limit your damages. Document the effects this behavior has on the small company. For example, the worker should return her or his keys and identification badge to the front desk. Dismissing workforce for misconduct is, unfortunately, something that nearly every small company owner or Hr Supervisor should do at some point in his or her career. And gossip in the workplace can do much harm to your employees' morale, their performance and even your small company's reputation. Include the impact the employee's behavior had on the business or organization. Instead, you should use the techniques from this chapter and those in the next one to be properly compassionate in the layoff meeting. Essentially you can use this important tool to change the course of your small company strategy.