As difficult as it may seem, it is important to attack the problem, not the individual when dealing with difficult employees. Also the time during which the company pays the worker belongs to the business. If you are an employer and you know your rights, you will be able to avoid any legal disputes that may result from a problem individual or someone you have dismissed. For every lay off, you should know the risk of paying out a big illegal separation award. And, you can retreat to your office if the worker "desires a moment" during the lay off meeting. Holding a dismissal meeting with the jobholder. 4) Give firm rationale for the termination. And since most courts believe you must give time for the worker to learn her job, you shouldn't separate a new employee unless she has been with you for a year.

Even if you know your worker is taking leave under FMLA, you can still terminate him or her. Keep in mind that just because you have an employee who falls under one of these groups, this does not mean you cannot lay off this jobholder. In short, a great deal of thought and preparation is necessary before you fire personnel. Handling the Bad employee. An outplacement firm can aid you custom fit the package to meet the jobholder's wants. Although the claims are bogus, you might still lose - remember, if your improper separation suit goes to court, you'll probably lose 70% of the time, the national average. Finally, don't try to save money on your unemployment taxes by disputing claims.