Give the original copy of the worker layoff letter to the worker while keeping a copy for your records. Disobedience and dismissing usually go hand-in-hand. Go over the notice with the worker and then get the worker's signature. If he doesn't increase in a few months and after 3 warnings, you can layoff him. If you have an difficult employee, you must address the problem and deal with it swiftly. Example: "What did you like least about working for ABC Company? For helps with these sticky situations and advice on how to make the firing program go smoothly, a firing employees manual can be a life-save. In either case, you have much more legal exposure than with a low-risk termination. Gross misconduct: A Working Definition. A dismissed employee has the potential for doing all sorts of malicious acts.

Lastly, problem employees will often threaten you with a lawsuit if you lay off them. Clearly spell out the consequences if they continue down their current path. Probably you're not off the hook if your small company has less than 20 employees. After reading 43 books on employee termination, not one gave me a practical program. If the drug or alcohol abuse while on-the-job causes the misbehavior, then the obvious solution would be to dismiss the employee.