If you carefully inspect this definition of defamation, (Discipline Letters)

If you carefully inspect this definition of defamation, you'll see it's almost impossible for an employee to win one of these suits. Also, you should discuss areas the supervisor would like you to explore with the jobholder. In the military, service personnel are not obligated to follow illegal orders and the same holds true in the civilian personnel as well. If your former worker decides to file a unlawful lay off suit, his lawyer may use your termination notice in the proceedings. Terminating workforce for misbehavior is, unfortunately, something that nearly every small company owner or Personnel Supervisor must do at some point in his or her career. Be aware that paperwork you use to support the case for sacking may end up in a court of law. Notification #4: "Medium Risk" Layoff Memorandum - Layoff Due to Firm Need. In a Cornell University study a few years ago, researchers found the bad handling of a separation meeting and its aftermath was the primary cause for a illegal dismissal suit. If they are a constant gossip, you must remind them that spreading rumors about other co-personnel causes a poor work ethic that will is obvious to customers or patrons. I would like to arrange a time in which to meet you and allow you to collect your personal belongings out of the office. For example, if the bad employee is routinely late arriving to work, production may cease altogether as the other workers wait for the worker to arrive. (This gets the focus off the separated employee and on the work, where it should be.)

Keeping these steps in mind will make the layoff program easier for you and the worker. Unquestionably, the jobholder may continue to cause problems for you. This means that you should also document all training you have provided to the worker as well as all meetings you have had with him or her.