Finally, if you're serious about winning the appeal, you should hire an attorney. An problem worker can ruin moral and cause various other problems in the workplace. If you don't know how to use escalating discipline or how to write a proper lay off letter, you need a copy of my book, "Employee termination guidebook." You can get it at my website: If you're a small business owner, firing a high level worker may also be emotionally challenging because you have likely formed a close relationship with that person. Fired workers can get unemployment benefits. Although no company is completely safe, there are ways to protect your small business and to discourage attorneys-at-law from taking on your employee's legal action. What's the risk in separating this worker? The Concerns of Terminating Workers.

Gross misconduct is the one place you can summarily fire a worker without worry. After the early pleasantries, you inform the high-risk employee right away you're offering him a package. I hate to see you go." Otherwise, the sacked employee will see an opening and start asking for her job back or another chance. In addition, they will provide a standard on what information to include in the firing letter you supply to your workers. Also, it's gross misconduct that has severe consequences for the firm. As you write the warnings, you need to show her job productivity doesn't meet your directives and doesn't fulfill her job requirements. (I go into much more detail about early retirement packages, ADEA and negotiated terminations in Chapter 8 and Chapter 10 of the Employee termination guidebook. Since you documented everything, it will be hard for them to turn around and say they were terminated for no reason.