The "misconduct" alternative is generally better than the "job elimination" alternative because with job elimination, state laws often compel you to hire the worker back even for a lesser position. The administrator then sends you and the worker a memorandum about his status. They are ruling small companies should follow accepted lay off practices because this conforms to the "public good." So, even if you have only 3 workers, you could lose a wrongful lay off suit when you terminate someone for an wrongful reason. The dismissal of personnel is also difficult for the employee in question. The conditions of your layoff will have an impact on your final paycheck, dismissal package, and your final benefits although we will discuss these with the finance department to ensure that you reimburse the business properly.

The employee destroys and sabotages company equipment. Yelling "you're fired" across the office or calling the worker a name will only bring about future legal problems. You may find out you have not only hurt "old Joe" but also his sickly wife and his three fair-haired children. Therefore, you don't need worry too much about a defamation suit when you tell the truth about the employee's performance. You must refer to these in the dismissal memorandum. Simply, the jobholder isn't at fault for her dismissal. You should discipline them so the business does not lose customers and clients. Therefore paying a severance, even to the worst worker, is the right thing to do. The worker mismanages his department. o Inform each witness neither you, the business nor the accused employee will retaliate against her. Often, difficult employees realize that you are starting to build a case against them and they know that they will soon be on the chopping block if their performance doesn't improve.