FROM THE WEB: RELATED INFORMATION: As a supervisor or small company owner, you must consider putting the following items on an employee separation checklist. Additional Sample Separation Notification and Help. If the employee doesn't heed the warnings, she uses up all her chances. If the worker files a improper layoff suit, you need another supervisor to verify what you said and did in the meeting. And it protects you and the company from improper lay off lawsuits.

If you terminated the jobholder for misconduct, you must back this up with evidence. (To be safe, you should just read the dismissal notice and stay away from offhand comments.) If it becomes a public matter or if the offending photo contains anything that identifies your small company, you're probably in the clear as well. Here you'll learn how to evaluate the risk of your lay off using my proprietary and trademarked Layoff Risk Estimate & Protection System(tm). In fact, he'll be expecting it because you documented the lackluster productivity and misconduct through progressive discipline and investigations. ANSWER TO PART A: "Yes." It's unlikely she'll make the effort to sue because a suit would be too much effort for her. In general, you don't need an employee handbook to lay off. In short, you agree not to take lawsuit against the Company for employment claims. If the gross misconduct occurs and could damage the small business, then you must take full use of your policies and reprimand the employee, possibly even sacking their employment. For you, it stops a wrongful lay off suit and of paying a big settlement, right? And they'll react the same way as a regular worker to terminating for "no reason." Even if your worker handbook or collective bargaining agreement says you can fire a probationary worker for any reason, be sure an opportunistic legal adviser will take her case.