Please don't use use 'downsizing' as an excuse for separating bad employees, or creating a culture change in the department by replacing old workers with new ones. You do the firing based on performance and Sue's is the worst in the department. They are ruling small companies should follow accepted lay off practices because this conforms to the "public good." So, even if you have only 3 workers, you could lose a wrongful lay off suit when you terminate someone for an wrongful reason.

There are many different reasons you might need to terminate a worker. The employee has the right to know why you are dismissing him. firing an employee during the business reorganization. Small company managers and owners should be careful when dismissing and laying off personnel, because their firm's survival is at stake. Principle #1: Estimate your risk of suit before separating. This also gives you separate legal records for the paycheck, the expense check and the severance. These are different circumstances usually involving insubordinate employees. To recognize this behavior, you should know the gross misconduct definition so you can deal with such personnel quickly and decisively. To see many more examples, you must get a copy of 101 Sample Write-Ups for Detailing Worker Productivity Problems by Paul Falcone. When you fight a claim, you must rehash negative events leading up to the lay off. Managers and supervisors depend on the Personnel department for proper ways to fire. They may claim their inability to complete their project is due to a personal problem.