You present the memorandum at the lay off meeting the day you lay off the jobholder. Once we have our papers, we can prepare for the dismissal meeting. You do the dismissal based on performance and Sue's is the worst in the department.

Whether you're a small, medium or large company, you should document the reason behind the lay off based on legitimate company desires. Sometimes misbehavior is very serious. Therefore if an ex-employee is a cheat, delusional or bitter, she may decide to sue you for improper separation. The jobholder can't sue you for wrongful layoff if you never dismissed her. Regardless of whom is in charge of supervising the jobholder, everyone responsible must be aware of proper papers processes. You may catch the jobholder in a couple "white lies" that are not a big deal at first. The key is to treat similarly placed employees the same. o Refusing to lobby on the business's behalf. o A jury of 12 who may be sympathetic to the worker and who don't know you. So, have your Personnel boss or employment attorney review your separation document to be sure it complies with state laws. o If the accuser's side is stronger than the accused workers, then "wrongdoing". You can prove bad performance by setting a job guideline through a job description and written expectations.