You should develop a policy to document employee problems appropriately. The worker must be able to work and must be actively seeking work. She'll obviously file a litigation saying the "real" reason you separated her was because she's a woman, not because she missed the forecast. This is because the former jobholder can use the employee separation notice if he or she files a grievance or a lawsuit claiming. Now and then an immediate terminating is proper, but other times there are risks of legal repercussions. o What unemployment compensation is and how it works. Therefore, you should carefully consider the contents of the lay off notice and how you write it.

Of course depending on the circumstances, you may eventually have to sack the jobholder if their illness becomes a permanent condition that will not allow them to return to work. With a "good" employee, the oral notification will scare him into immediate improvement. The body of the letter should be unbiased and factual. WHAT IF The jobholder Doesn't Qualify? When you feel the jobholder has served you well during her or his time of employment, you must do all you can to make it on him or her. When you follow proper processes, dismissals are without risk and easy. Since she failed to tell her employer the circumstances, the firm did not know the jobholder was covered under FMLA. They should know how to fire a worker while limiting their liability if the case goes to court.