o The likelihood the jobholder will take law suit against you and your business for illegal lay off. You must send a copy of the firing notice to the jobholder by certified mail. With the first method, you redesign your organization to meet the new economic conditions facing the small business and department. o Did the employer suitably apply escalating discipline and adequately investigate for insubordination? This "firing only" option sounds harsh, but as a entrepreneur you must manage your profits AND your time. This will cause you huge problems. o Replace high cost workforce with low cost workers (note: be careful on age bias here).

Unfortunately, too many personnel managers or small business owners suffer with an employee who is lacking because they fear litigation. You can terminate the employee for this. Since she failed to tell her employer the circumstances, the business did not know the jobholder was covered under FMLA. So you should deal with the problem worker right away and professionally. Your employees will probably have a mixture of feelings about the layoff of the high level worker. The reference checker has this waiver available because it's standard practice for a business to ask for one as part of its applicant probe. While workforce obviously appreciate the advanced warning, some employers wait to inform the bad news. o Has her lawyer send you demand notices to complain about wrongful treatment or to ask you to clarify your actions. o Tells you she's a victim of improper harassment or has a protected condition under workforce' compensation, American with Disabilities Act or Family and Medical Leave Act.