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A worker separation form makes sure the record is clear. Although much of this book has described how to fire a single employee, this chapter discusses mass lay offs of personnel. If you have to separate a worker, make sure that you follow your own policies. If you learn how to layoff someone the right way, you will find the method goes smoothly and will rarely see backlash from disgruntled ex-employees.

Employment claims and liabilities you're releasing include, but are not limited to, those arising from the Age Bias in Employment Act, Title VII of the Civil Rights Act, Americans with Disabilities Act, claims of improper termination in violation of public policy, claims of breach of contract, claims of breach of "good faith and fair dealing", Fair Labor Guidelines Act, Family and Medical Leave Act, tort claims, Occupational Health and Safety Act, Pregnancy Bias Act, Older Personnel Benefit Protection Act, Civil Rights Act of 1866, Uniform Services Employment and Reemployment Rights Act, Employee Adjustment and Retraining Letter Act, and the Sarbanes-Oxley Act. A sample letter of insubordination helps set up a formal, unemotional tone when dealing with difficult employees. Here you give the bad employee a voluntary choice to leave the company with a big discontinuance package. After reviewing his employees file, you're astonished his previous manager has rated him "above average" on his work reviews over the past 4 years. Because the Personnel department is not mostly in the ex-worker's chain of command, they are in the best position to conduct the exit interview and get honest opinions. Having a collection of sample employment termination memorandum templates readily available can make the dismissal procedure easier for the owner or Human resource Manager. As an alternative, I wanted a practical process that gave me options and applied to any layoff, so I didn't need to always call a high-priced attorney. An alternate case of medium risk dismissal is when the employee is unlikely to sue, but you have little papers justifying a legitimate sacking. If you decide to sack for off-duty conduct, this is a high risk layoff. Don't stand around all-day trying to make your point. I call this a negotiated termination. If you can't get rid of the bad employee and he won't change, then you, as the supervisor, should change.