In Tool #5 of the jobholder Termination Toolkit (at the end of this book), I give you some sample questions for a "resignation" exit interview. First, consult with other relevant managers on who you must layoff and why. However if they do, you have detailed evidence to support your side of the story. If you can't explain your reasons in a professional, non-emotional way to the worker, you must question how legal they are.

Discussion of Unemployment: Since the layoff was not the fault of the employee, your workforce will be eligible for unemployment, unless they only worked part-time or less than one year at the firm. Before writing such a notice, you should obviously explain the behaviors and productivity you expect from the employee. Finally, sit down with the employee and discuss the termination notice. If you can, document the effect their absence or their grounds for being in jail is having on your small business. Due to your strong moral beliefs, you may want to fire an employee even when his conduct is legitimate. * A jobholder calls the supervisor an abusive name, either in front of other employees, or privately, and then continues to do so after you warn the jobholder about it. It's defined as any employment arrangement where there's no contract and either party - that is, the employee or employer - can terminate the employment any time with proper notice. Also, you may want an Hr manager or a lawyer to review it. Are you a timid sole proprietor or Personnel person? Also, you must discuss areas the supervisor would like you to explore with the jobholder. They made some innocent mistake during the layoff such as saying the wrong thing at the wrong time during the firing meeting. Just simply state the facts and the reasons the jobholder's actions were unacceptable, and you're well within your rights.