He can never sue us for wrongful separation if we never lay off him. Knowing which reasons are improper is the key to avoiding a unlawful layoff suit. If you strongly feel you need these other agreements you should have the jobholder sign them while he's still employed. It tells the worker exactly why you're sacking her, explains her severance benefits and introduces her to the severance agreement, when you're offering one.

For example, you will probably need to draft a severance package for the jobholder. (Probably, her manager told her about the exit interview in the termination notification and meeting.) You must make the call the day before the meeting, if possible. If the troublemaker is a poor performer, you should right away put him into progressive discipline and fire him when his productivity doesn't increase. It's unlikely the worker will sue you and, if he does, you'll likely prevail. And, if you're sued you have a good chance of prevailing in court. But, to be on the safe side, be sure to buy updated versions of your terminating workers manual as they become available. Although the Americans with Disabilities Act states you can't lay off a worker on the account of their disability, it says nothing about them being a disgruntled employee. Unless her or his misbehavior is severe, it will take more than one incident to build a case against an employee. Give the original copy of the employee layoff notice to the employee while keeping a copy for your records. As long as the outside behavior doesn't affect their work performance or the productivity of your company, you can't dismiss them without fear of a improper lay off litigation. If he files a illegal dismissal lawsuit, you will have a more difficult time defending your position. Don't Allow Embezzlement To Eat Into Your small company.