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September 12, 2011

California At-Will Employment - Last week your worker came to work reeking

Last week your worker came to work reeking of alcohol, and you dismiss him on the spot. As you know from our previous discussion on (list dates here), your lack of attendance on the dates of (state all dates the jobholder failed to show up to work) caused numerous problems (list these). Before the end of day, you must return all company property, including (here you should state everything the employee should return. Every company should have set ground rules and standards, and every employee should have a hard copy which discusses offenses that may result in immediate suspension or dismissal. If the jobholder asks for a jobholder representative to be with him during the discipline meeting, you should give him time to get one.

Each day there are many lawsuits related to unlawful lay off, or alleged bias. Because overwhelming misbehavior isn't always as it seems, I recommend you place the insubordinate employee on a 3-day investigatory leave to gather the facts. If you don't have a proper reason to separate the worker, you're risking a pregnancy discrimination suit. If you consistently use worker warnings with a fair policy of escalating discipline, you at least have the peace of mind that you tried your best to rehabilitate your employee. For a resignation, the meeting for the most part occurs in the building and on the worker's last day. In this case, you must have clear records showing the economic reasons you couldn't create a job for the employee or why she doesn't have the skills needed to do an alternative job. However you can separate the worker for reasons outside their protective status. 4) The jobholder gives you an outright "No.". Letter #4: "Medium Risk" Layoff Memorandum - Layoff Because of Company Need. It is essential you write a worker separation memorandum professionally and accurately. Don't' hesitate to take action, especially when dealing with lay off for cause.

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