For your understanding, I have drafted the document in the way that:
• We did internal investigation and found out that both of them also have problem adjusting to work with us.
• Since they are still probation, we think it is best for them that we terminate the employment so that they can find other workplace that is more suitable with their working style. And we will pay them all the agreed package to the end of the month to honour our contract.
• We also offer them extra items to show how generous we are (and not because we are liable for anything happen between Mike and themselves). This is in addition to our legal obligation and they are free to accept/not accept the offer.
• We will only pay them by issuing cashier cheques so that we can handover to them only then they sign the document we prepared.
The reason I drafted the letter in that way is that at the moment, I sense that Laurent has been trying to get most money out of us and think to himself (well..with some influence of his girlfriend) that we are liable for whatever Mike did. This is why his girlfriend tried to make in writing that Laurent did inform us several times about the aggressiveness of Mike but we never care in an attempt to build a case that we could prevent this from happening but we did not do therefore we should be liable too.
However, we are not liable for this. I have voice record from Mike admitting that I had a chat with him several times and the situation had been actually better in the past two weeks before the incident. Also, it is difficult for Laurent's lawyer to prove that we can foresee that Mie will attack Laurent too.
In sum, if Laurent and Julien do not accept this offer:
• Under labor law, they cannot push us to accept them back to work anyway because we rightfully terminated their employment due to the fact that they fail to pass probation (although there may be an issue about payment in lieu of notice which is not a big amount anyway and I think we can afford to fight with them about that);
• Under criminal law, we have no liability whatsoever on what Mike and the other guy did to them;
• Under civil law, they would try to make lawsuit against us requesting for compensation but this means they need to prove that it is our fault that we cannot prevent this from happening (lack of security guard etc.) which could take years.
So from my point of view, if they do not accept this offer I will not try to comfort them further. We have done literally whatever we can and even beyond our legal responsibility already.