With hope of finding my practical process, I reviewed the current separation literature. Remember if you are running this meeting, you must have good communication skills and, most importantly, empathy. o The higher the termination risk, the higher the chance your business could go bankrupt, or, for larger companies, your profits will drop dramatically. More importantly, the removal of the insubordinate employee will give you more time to run the firm and increase results. Or once the worker exceeds the limits on absences, he or she should always provide a medical excuse. Tips For Writing Your Separation Memorandum. There is also employee misconduct when a worker is abusive or refuses to follow directions and instructions. Therefore if an ex-employee is a cheat, delusional or bitter, she may decide to sue you for wrongful separation.

This will show other employees that such behavior is not acceptable. With a medium-risk termination, your legal exposure is larger because the employee has a litigious nature or because your evidence is inadequate. Since separating an employee requires following several key steps, your terminating employees manual should thoroughly cover each one. o Step 3: Get an independent review of the firing decision. SAMPLE Separation Memorandum TEXT If Conducting An Exit Interview. Never try to layoff a worker "on the fly." You are opening yourself up to legal issues and giving the employee ammunition to argue about his or her layoff. This should include the layoff notice, separation agreement, final paycheck, severance check and COBRA notice. o For minor misconduct or bad performance, was the employee given a reasonable amount of time and number of chances to improve?