This is when you issue your verbal warning. The Third Early Warning Sign of Worker Misbehavior: Reluctance to Change. You don't want to start progressive discipline and find out later your management doesn't agree or, worse yet, discover the disgruntled worker is politically "protected.". Therefore, both women are high-risk separations. To be on the safe side, you can have a policy that "The Company" won't give a reference unless you notice a waiver releasing you from liability for defamation. You can lay off the worker over one incident. The quicker you do these, the quicker you can get back to running your organization and company. Unfortunately, she didn't improve, so 30 days ago you gave her a written notice. That said, it's possible you won't be giving any COBRA paperwork at the firing meeting. You may have been afraid to layoff because he could sue for wrongful layoff. Since the jobholder's legal counsellor can use it in legal proceedings, do not include any unnecessary information.

So before terminating any employee, you must at least consult Personnel. So long as no workplace bias can be proved, the layoff should go smoothly. Most states invoke labor laws like employment at will which says the supervisor may layoff any worker at any time, for any reason. Most states have stricter COBRA laws. With your documentation, most attorneys know their clients' cases are weak.