And if you are unlucky you may be forced to hire the worker back. Keep the exit interview brief and avoid saying too much, as anything you say can be used against you later if the at will employee decides to file a lawsuit. List any worker counseling or special training the boss offered or the jobholder completed in attempts to prevent this layoff. In this case, you must treat this as a high-risk layoff to cut your costs (more about this in Chapter 4). For example, when the employee is 44-year-old African-American woman, a 46-year-old African-American woman boss would be your ideal reviewer. Once you have this proof, you can fire the worker. No matter how hard a entrepreneur tries to screen new hires, dealing with insubordinate employees will always be an issue.

If the company manages its own plan, then you have 30 days to tell the jobholder of his COBRA rights and the employee still has the same 60-day election period. However, you'll know some workers will sue regardless of the firing reason. Cover Yourself When Sacking Employees. Furthermore, the notice should help the jobholder know exactly why their services are no longer needed. In the worker reprimand you must state what the expected productivity is and what the consequences will be should the worker fail to meet it. If the company policy allows for a warning on first offense, be sure to place that written notice in the employee's file. It decides whether you win the law suit or end up spending tons of money and rehiring this person. And this can have an affect on employers.