o Has the company consistently terminated similarly placed workers for these reasons in the past? This leads to the next item you should include in your dismissal letter, the facts. Your purpose is to keep profitability and productivity up. Certainly, if the employee has been sent home on the account of an illness or injury and has not responded to numerous phone calls, e-mails, and written notifications about returning to work, this is a different case. What If You Didn't State The Rule Clearly? You should show the employee had a pattern of offensive behavior that you addressed repeatedly with remedial actions. The Toolkit is at the end of this book. Regardless of their personal feelings, all will be nervous about working with the new boss. You must hear what I'm saying because it affects your future." You may need to say something similar several times until you get her attention. To qualify for these extra severance benefits, you agree to release unconditionally [Your small business] and its representatives from liability for ANY claim arising from your employment including this lay off. You may need to present this evidence and proof of signed reformatory warnings in a post-separation hearing or in court proceedings if the worker takes further action.

o Disclosing confidential information (company's, coworker's, customer's, supplier's). This will stop this embarrassed and angry worker from suing you. Since the risk of a legal action is higher with a FMLA worker, you should consult your hr department and your small company attorney-at-law. You can also talk with a legal defender and ask him or her to create sample employee termination notices for you. When you've prepared the firing memorandum according to Chapter 8 guidelines, you have the perfect script for the meeting.