To combat this lay off, it's important that you make an example of an employee committing the theft through quick punishment. The fired employee will be eligible for unemployment compensation when you layoff him or lay him off for the following reasons. At times an immediate separating is proper, but other times there are risks of legal repercussions. You must refer to these in the layoff letter. This program gives you time to build your case and shows you gave the executive several chances to upgrade before separation. o Witnesses to the incident triggering the dismissal. Without paperwork or physical evidence to back reasons for separation, you are opening a window for fired personnel to claim illegal separation. When you owe the worker for expense refunds, you must have a separate check ready for this as well. Or once the employee exceeds the limits on absences, he or she must always provide a medical excuse. You should document all of this information in your employee lay off memorandum. They want to show the worker (and a jury) his job is in jeopardy.

o Most importantly, he may still sue you for illegal layoff, even if he resigns. You can do this through escalating discipline, which will aid you improve the worker's performance if this is at all possible. There should also be a line at the end of the layoff memorandum for the worker to sign. This makes a solid case for the layoff, and any attorney will have a more difficult time finding a loophole in your dismissing method.