Although the claims are bogus, you might still lose - remember, if your illegal termination suit goes to court, you'll likely lose 70% of the time, the national average. (Probably these steps will be consistent with any investigatory policies you have.) But if you don't have a policy, then this method is proper for any gross misbehavior investigation. How can you layoff your employees without causing harsh feelings? If he files a illegal lay off legal action, you will have a more difficult time defending your position.

If you are a Hr Manager, on the other hand, this responsibility may rest on your shoulders as well as on the shoulders of the other supervisors in the company. If the disobedience regards abusive language, the context in which the worker used the language matters a great deal. Everything said should follow the layoff memorandum. Employee Theft of Company Property: At times a worker will steal small items of firm property. (Likely these steps will be consistent with any investigatory policies you have.) But if you don't have a policy, then this process is proper for any insubordination inquest. If you make reasonable accommodations and the employee still can't do the job, you can still layoff her for lackluster productivity. For the same reasons, don't let Human resources advertise for the position until the jobholder is off the property. He can never sue us for unlawful separation if we never sack him. For example, you may be terminating the person's employment but plan to hire the individual on as a consultant for the company. Avoid generalities and attacks on the jobholder's character. It helps if you create an official employee discipline form for your organization.