If you ever have to write a dismissal memorandum, it helps to have prepared ahead of time. Also, give her some formal training. It is in this memorandum where you'll make reference to previous verbal warnings and outline directives. Chapter 2: Worker Rights And Protections From Separation. If the jobholder's behavior does not increase, then managers can use this invaluable documentation to clarify the procedures taken to warn the employee that they may lose their job if they did not change. When the need for employee dismissal arises, it rarely comes as a surprise to either the manager or the worker involved. Here's the guideline approach you'll find in most books: To keep out of court, you must thoroughly document the employee's terrible performance or misbehavior before you separate him. Don't delegate the phone calls or meetings to a low-level employee or the worker's replacement. The Fourth Step When Separating Personnel: Schedule a Witness.

(By the way, if this is a high risk lay off, you don't need a dismissal notice since your goal is to get the employee to resign voluntarily.) In fact, a restaurant across town which your employees don't frequent would be ideal. Also they may blame excessive absences on reoccurring illnesses that run in their family. For specific language of these agreements, contact either an Human resources professional or an employment legal counsellor. Doing so will decrease or eliminate the possibility of that employee's sowing seeds of discord among other workers, getting them to "side with him" to the state labor board that no policy was ever mentioned. If the employee files a improper lay off suit, you need another manager to verify what you said and did in the meeting. Discuss the return of property belonging to the business such as ID badges, laptops, credit cards, cell phones and business cars.