ANSWER TO PART A: "Yes." You have a legal action coming for several reasons: 1) You're firing the 2 workers because they're women and this is unlawful. If this is medium-risk lay off, you'll normally negotiate a larger severance to make the fired worker go away quietly. And, you should be careful if you cut her job before the one year moratorium as well. If you don't have the power to change the business's "no tell" policy, how can you still give a former coworker a reference without getting into trouble? If worker is still uncertain, give him more time and sweeten the pot. Lastly, after you have carried out all steps of employee counseling, you should review the disgruntled individual's performance again. Likely, the individuals laid off were friends with some of the remaining employees. Having Production Slowed by a Insubordinate worker. Here the company assumes that some workforce will retire soon. Just because a jobholder makes a rude remark to a supervisor or entrepreneur does not necessarily warrant right away lay off from the firm. If you wait even a day or two to act on a problem, the workers think that you accept the situation.

If possible, write the notification ahead of time and present it to the worker during the firing meeting. Although the claims are bogus, you might still lose - remember, if your improper lay off suit goes to court, you'll likely lose 70% of the time, the national average. The first step you should take when firing workforce is to build your case. Because she fired properly, her legal risks from the dismissal were minimal. Legal disclaimer: I've written this letter of recommendation only to assist you in your job search.