You dismiss this worker on the spot. Continued bad performance because of errors in scheduling and lack of initiative. Even if you're the firm's CEO, you must get an independent review of any lay off. If your insubordinate individual is an emotional mess or chemically dependent, then you'll want to refer him to your employee Assistance Program (EAP) or to a psychological counselor at the company's expense. However you usually don't have time for this. I take great pride in our department. After all, you need to be certain the paperwork is accurate and that you have gathered enough evidence to justify the lay off. In addition, you should make sure the reasons for dismissal are for problems not related to the scope of FMLA. Because of [poor productivity, repeated misbehavior, gross misbehavior, excessive absenteeism, excessive tardiness], the Business is separating your employment effective ________.

At the very least, it can lower overall performance. First, you as an employer have the legal right to not hire someone unqualified for the position. Again use third-party eyewitnesses, like Human resources Employees, to work on your behalf. If for some reason, you're even just a little untruthful, be sure the worker's legal adviser will use it to prove illegal bias or motivations. Abuse of firm property or cheating on time and payroll records are enough cause for employee dismissal, especially if it is not the first case. I have written this chapter from the perspective of involuntary separations (firings and lay offs). In a society where suing someone is easy, employers are finding themselves paying the price for separating workforce.