(Please give him a chance to increase, but if he remains a bad apple, then sacking is appropriate.) In most lay offs, the risk is low because you have satisfactory documentation why the lay off is occurring and most fired personnel are unlikely to sue. It is not uncommon that a individual has a great resume and verifiable references but their skills don't fit the work you ask them to perform.

Although the lay off boss will have to complete it later, it will serve as a visual reminder to include this information. It is essential that you prepare properly for the layoff meeting. Don't sack a probationary worker for an unlawful, unfair, stupid or "no" reason. Memorandum #4: "Medium Risk" Lay off Notification - Layoff Due to Company Wants. If you, or a subordinate, dismiss a difficult worker "on the spot," you'll probably face a unlawful dismissal suit. Eventually, management will ask most supervisors to fire or layoff someone. Giving notice allows the jobholder time to steal confidential information, stir-up the remaining personnel and commit sabotage. Also, you might find your difficult worker is a better fit for another job within your company. Guidelines For Worker termination. If the jobholder fails to upgrade as the result of escalating discipline, you'll have built a sufficient case to fire the jobholder without risk of facing a legal action. How to Break the Bad News, Terminating a Worker with Dignity. Depending on your small business policies, they may be able to return to work after seeking help.