If you need the worker to stay, it's better to say, "You can leave if you want, but you may be subject to discipline and termination.". because it's the only published source that clearly gives you proper procedures for dismissing insubordinate employees and laying off during a downsizing. Also once you lay off an employee, you have the legal right to refuse to give a positive reference. Also, you must discuss areas the boss would like you to explore with the jobholder. Often, this personality type is stubborn and won't be convinced of any argument but his or her own. In fact, he'll be expecting it because you documented the lackluster productivity and misconduct through progressive discipline and investigations. Also be aware that dismissed employees may act irrationally. It was clear to me worried supervisors needed the self-help advice of an experienced sacking supervisor and they weren't getting this from current sources. As you hunt for a sample layoff notice for disposition, make sure the letters you choose as your base makes clear to the worker that this notice should not be a surprise. Every proprietor and supervisor want should do everything to protect their business that they have worked hard to build. And it is not the place to speculate about what caused their behavior. Also, you must discuss areas the employer would like you to explore with the worker.

In addition, you should provide a layoff notice to the worker in writing as well as a copy sent by certified mail. High risk - The terminated employee will sue you AND you'll lose in court. During the termination meeting, you should go down the form and talk about every item to ensure the meeting is thorough. But, it is still a crisis circumstance, and you must obviously document facts.