Even if you have been a small business owner or in the Personnel department for years, you should consult your separating personnel manual when beginning rehabilitative procedures. I cannot stress enough the substantiation supplied should be solid and clear. In either case, misbehavior can lead to further problems with that employee as well as with your other personnel. If this is the case, nine times out of ten the employee will return to good behavior. During your discussion, you must tell the jobholder what he or she did wrong, inform him or her the actions you will take, and warn him or her of the consequences if the action reoccurs. In many states more and more court rulings uphold the rights of employers to fire personnel for unacceptable behavior outside the workplace. Separating an employee for having a bad outlook can be a huge problem in the day-to-day business of any company. First consider if the jailed employee is under contract or part of a union.

Employers who must layoff an employee who falls under protective laws may feel like they are in a tough spot. For instance, a worker might claim that you discriminated against them during the dismissal, or that you did not give them ample warning. In this case you won't have much trouble telling the worker that you are letting them go. Do not back down from your decision, and use the firing memorandum to guide you through the exit interview procedure. If you can, document the effect their absence or their rationale for being in jail is having on your small company. Employee Rights In Dismissal: Know What They Are Before You Lay off. If the small company turns the corner, can you rehire these people and recoup your losses? If you layoff a worker and that person becomes angry, you could find yourself in a improper dismissal litigation.