1) Inform the worker immediately you have not found enough evidence to lay off for overwhelming misbehavior. In other words, the way you terminate the employee is much more important than the reason you lay off him. Avoid the temptation to gloss over the facts; be honest. And you'll discover how to dismiss an employee that has filed an Equal Employment Opportunity Commission (EEOC) action or has blown the whistle on the company to the press or government authorities. If you build up evidence against the jobholder without doing this, he or she may later claim the problems all resulted from the disability. If you decide to separate for off-duty conduct, this is a high risk separation. But, none of the books on separation tell you how. Chapter 7: Build Your Case: Probe For Overwhelming misbehavior. But if done appropriately, you can improve the work environment for the remaining workforce and upgrade company productivity. At this point, reality sets in for the employee. If you don't know your risk, you must go back to Chapter 4 and follow the method for risk determination before continuing here. First, an employee's improper dismissal case will hinge on your fairness with him.

It's not any secret she and I had our differences about her job productivity [or conduct.] We followed all the company's policies and methods, but it just didn't work out. He can never sue us for wrongful lay off if we never terminate him. Finally remember to remain professional in both your memorandum and in the firing meeting.