When the manager has no documentation and gives no legitimate reason for firing, the courts typically favor the jobholder. So, you've decided to fire your difficult employee. To make this "official", you and the employee need to agree on what days are FMLA leave versus vacation days and sick days. without visiting a lawyer or negotiating for more.) o The likelihood the jobholder will take law suit against you and the small business for illegal layoff. This note should say based on some recent incident and a careful review of the difficult worker's application materials, you suspect the jobholder's application is fraudulent. You should put him into escalating discipline, set reasonable job guidelines, and give him time to improve. To prevent this from happening, you must systematically decide who to dismiss and then effectively communicate this to all employees. The memorandum should obviously state the grievances, previous warnings with dates, and the letter is a notice of separation.

o A press release explaining what's going on at the small business. Not only do you want the notice to be sensitive to the worker's feelings, but you also need to give detailed grounds for the termination. You don't want a legal adviser accusing you of bias in a illegal layoff suit. The ideal witness is an Human resources professional because he or she can assist you with the meeting. Then you should suspend the worker until a thorough probe and tempers can cool down. They often limit your flexibility on what you can terminate for and how you can sack.