The employee can't sue you for illegal separation if you never fired her. Or, if you have a good performing employee but you don't like her for some illegal or stupid reason, you should put your personal biases aside. The state board always sides with the hearing officer. Using an employee separation checklist can help ensure you follow all the correct procedures when "letting someone go.". o Put all the employee's take home materials (separation memorandum, separation agreement, COBRA notice, final paycheck and severance check) into a folder for easy access. This is always much harder to do, and you'll need more emotional support. Second if you have a case of insubordination, you can right away fire a worker. The purpose of this hearing is to explain to public sector personnel the rationale for reorganization or for the corporation's default. Therefore, you should know how to lay off a worker properly to keep yourself out of hot water.

The most compassionate way to handle a layoff is to meet each employee privately. When both supervisor and parting worker sign the jobholder lay off form during the exit interview, with grounds for separation soundly recorded, the supervisor is far better protected from later unlawful claims than he or she would be without such documentation. The jobholder termination letter is a key document in this method. Therefore, in her mind, an illegal reason was your motivation and she'll hire a lawyer. Of these 2 processes, I like the first method best because it forces you to redesign the work before you lose the personnel. The jobholder poisons the organization with his bad attitude and work ethic. They will tell you to document performance problems, give chances and then layoff.