It's unlikely the employee will sue you and, if he does, you'll likely prevail. Go through the dismissal notification with emphasis on items in the discontinuance package. because it's the only published source that clearly gives you proper procedures for sacking problem employees and laying off during a downsizing. Why is it the worst at will personnel, the ones that you simply must layoff, are always the ones most likely to sue you? If your reasons are solid and stated within the memorandum of separation, it is most probably that a pregnancy bias case, if it occurs, will never get far. And, you must never express in your lay off letter that you feel bad for sacking her or him — although I know that it seems kind. I accept this offer for extra severance benefits as described in this notification and agree to the terms. But be aware you'll need to tailor it to your specific wants.

In such cases, the reasons for the termination may include intoxication on-the-job, violence, verbal abuse, sexual harassment, and overwhelming misbehavior. Information Needed When Sacking a Pregnant Worker. Be aware there is a difference between an employee's *failure* to carry out a direct order and a *refusal* to carry out a direct order. Individual Firings Versus Lay offs: How Writing a Layoff Notification Differs. Once you have this proof, you can terminate the jobholder. If you are a small company owner, you will sign the agreement. And, you must lay off the offending employee.