I cannot lay off him for that reason for fear of violating his right of free speech. Bob, this offer isn't a negative reflection on you or your productivity, but only about our current economic conditions. However, you don't have to inform the jobholder of this right, and the representative can only be a worker, not an attorney-at-law or someone outside the firm. If you decide to layoff for off-duty conduct, this is a high risk dismissal. In this case, you may have given the worker a oral notification to increase within 30 days and she didn't. Each of these warnings (and lay off notice) adequately document any terminating for terrible productivity and conduct. he appeared to violate a gross misbehavior standard.

Gossips, rumor mongers and bad mouths hurt morale and productivity. If your company is big enough to have an Personnel department, you must have them review the dismissal plan for legal compliance. And it protects you and the company from unlawful dismissal lawsuits. Legal advisers and Personnel professionals call this a separation by mutual consent or a negotiated lay off. I need to let some of my more difficult employees go, but I can't dismiss them for no cause. Is the lay off adequately recorded? For example, your first offer may only be your guideline severance with outplacement services. If you should layoff someone for an illegal reason or a stupid one, then follow the method for high-risk dismissals.