The
complete story on firing a employee.
However, you don't have to inform the jobholder of this right, and the representative can only be an employee, not a legal counselor or someone outside the company. I'm going to assume you have a worker who always hurts herself and goes on worker's comp just as you are about to lay her off. If you ask them to work on Sunday or participate in a Christmas celebration, this is clearly not insubordination. I've put together a couple of samples of lay off notifications for you to pick from. Even if you don't want to let the individual go, for the sake of the company, you have to let them go.
* How can we move this worker out without harming other workers' esprit de corps and efficiency? Even verbal company policy can offer you protection so long as you can prove that everyone heard the do's and don't's in your small company work place. For high risk terminations (where the employee will sue and you'll lose), you never "officially" layoff the jobholder, so you don't need a notice. Before writing such a notification, you must clearly explain the behaviors and performance you expect from the jobholder. In this case, you'll want to present the employee's resignation letter as proof. According to this Act, it is unlawful to go about firing a disabled worker on the account of their handicap. If the jobholder continues to be insubordinate, however, you'll have no choice but to carry through with disciplinary actions. In other words, do whatever you can to change the difficult worker's annoying habits or sack the jobholder outright. For you to call an exercise 'downsizing', it frequently involves laying off three or more workforce. Document Your Reasons for Dismissing a jobholder.