To make a valid case of rightful termination, such a series of escalating discipline actions should detail oral warnings that have then progressed to written warnings, followed by suspension and then lay off. The next best reviewer is the insubordinate employee's hiring supervisor. Tell her by following the Firm's policies and methods, you had no choice but to layoff. Remember the jobholder can't refuse a valid offer of employment or the unemployment commission will disqualify him.

Start to build a case on him and then layoff him. This article explains what a good separation notice should include. You must fight the claim if the worker resigns from the business. Of course, in a small "Mom-and-Pop" business keeping the same demographics is almost impossible. When you sack someone from a "protected group," have records showing you didn't treat this employee differently than those from non-protected groups (that's white males under 40). Not only should you follow all procedures for reformatory action or warnings, but you also should write everything down. Usually, the employee can't sue for more than her back wages from the time of her termination to the rehire offer. o Have you confirmed the jobholder's gross misbehavior using a thorough, fair examination? Regardless of how eloquent or how "right" you're, the administrator will probably grant unemployment compensation to the ex-worker once she receives your questionnaire. Since the risk of a litigation is higher with a FMLA worker, you should consult your personnel department and your business legal counselor. The answer to this is "NO." Since high paid workforce are frequently your older employees, they'll claim this selection guideline leads to unlawful age bias. You must use standard progressive discipline and lay off procedures.