A problem worker puts you at an increased risk of experiencing legal problems. If the jobholder is eligible for a benefits package or if your small business is stopping benefits, you should include this in your employee layoff notification. It protects you and your business against any form of legal action a former employee chooses to file. It should include any benefits you'll extend to her or him. You might make a note of this verbal notice your files so you can recall details later if necessary. Discussion of Unemployment: Since the termination was not the fault of the employee, your employees will be eligible for unemployment, unless they only worked part-time or less than one year at the company. If the small business does not have a legal department, use an independent attorney-at-law. Action that is too forgiving will send the message that you'll tolerate insubordination can lead to trouble down the road as other workers push to find your limits.

A sample notice of disobedience helps set up a formal, unemotional tone when dealing with difficult employees. But knowing how to fire someone properly is important to the future success of your business. Lastly if you feel the need to sack the worker because of many small incidents, you should attempt to isolate the underlying reason behind these reoccurring problems. However, you don't have to inform the employee of this right, and the representative can only be a worker, not an attorney-at-law or someone outside the company. If your department doesn't have a form already, you can use it as a template. If the problem worker refuses to sign or walks away from the meeting, document this fact. Dismissing Workers and Employer Conduct for Sick or Injured Employees. If you fail to do it right, you might find yourself in a legal action.