ANSWER TO PART A: "Yes." It's unlikely she'll make the effort to sue because a legal action would be too much effort for her. And, if the termination manager didn't give them already, you should bring the worker's final paycheck and severance check. It is potentially dangerous to fire a pregnant employee because, under the Pregnancy Bias Act (which is part of Title VII of the Civil Rights Act of 1964), it's improper to discriminate against pregnant personnel. 10) Encourage worker to see an attorney-at-law (Medium-risk separations only). Is the termination justified given the jobholder's tenure with firm, past performance history and recent evidence of productivity problems? However, you don't have to tell the worker of this right, and the representative can only be a worker, not a lawyer or someone outside the firm. If you don't layoff some people today, you'll bankrupt the small company and no one at your small business will have a job. Gross misconduct: A Working Definition. After you have tried everything to correct an employee's performance, you should consider firing this person. Life is too short to deal with a insubordinate worker permanently.

*Did you give the worker written personnel policies for the small company or company? In the business, world terminating someone is not as easy as it used to be. When the need for worker termination arises, it rarely comes as a surprise to either the supervisor or the worker involved. Its main purpose is to document and clarify the rationale for the termination, when the lay off takes effect and what final benefits and pay the company owes the worker. I suggest the jobholder's supervisor does the layoff, unless you're also firing this manager. Do what is right and remove the problem employee from your employees before you are sorry you didn't.