This is followed by a written notice, a final written notification, and then lay off. Only layoff a probationary employee for a obviously detailed, legitimate and fair reason. Other workers may file suit against you for failure to act on the problems you are having with the worker. This article explains how to use them in progressive discipline. o The adequacy of your documentation about the jobholder's bad performance and misbehavior or the company reasons requiring the job elimination. The release is how you protect yourself from a law suit.

The jobholder is unethical or immoral. The prevalence of law suit in our society means that many problem personnel will begin legal action claiming you have unfairly separated them. When the boss has no evidence and gives no legitimate reason for dismissing, the courts typically favor the employee. Make sure that you let the worker know the misbehavior will result in disciplinary action. Once you have fulfilled these standards and the employee still refuses to change their work habits, proceeding with separation is the only outlet, whether a contract exists or not. Your conclusion will hold up in court even if the ex-employee shows later there was a conspiracy of coworkers to get him terminated. You gave the employee 3 chances to show he cared about his job and wanted to increase. Clearly, you must protect the small company from any legal actions. You should prove that you tried to help the jobholder improve. This something should be better than she would get normally without signing the release.