This is always a concern if the employee decides to take you to court for illegal layoff. She knows she's not wanted at the company and her life will be miserable. The exit interview is one of the final steps you take when terminating a worker. You should suspend or immediately layoff this individual. Set up the next meeting for a few days away. Therefore, you should carefully consider the contents of the lay off notification and how you write it. Make sure to document this event thoroughly including eyewitnesses.

When the jobholder has a behavioral problem such as attendance, you can often layoff in a month or less. This will help to avoid improper employment termination claims. This would include first a oral notification followed by a written notification pointing out to the employee her or his job is in jeopardy if the problem behavior should continue. o The worker knew you could dismiss him for violating the rule or instruction. They'll wonder if you intend to give them the same rough treatment someday. Third, have standards in place so the grounds for layoff are legal and fair. When terminate an employee, in most states, the employee should receive a final paycheck within 24 hours after his or her layoff. Since I don't want to bore you with the technical details, let me simplify it for you. When the worker's conduct would damage performance or lead to general mutiny, it should be dealt with as gross misconduct.