Because insubordination isn't always as it seems, I recommend you place the disgruntled individual on a 3-day investigatory leave to gather the facts. You have tried to rehabilitate them and they have failed to increase. Also, have the fired worker sign off on it. It is critical workplace esprit de corps that you handle worker misbehavior appropriately. Finally, after you have carried out all steps of employee counseling, you should review the difficult employee's productivity again. If you write the memorandum suitably and use it in a proven termination method, you'll lower your chances of a legal action and lessen the disruptions in your workplace. Even if you didn't list the specifics of the discipline, the handbook should provide you with general guidelines.

It says you should give 60 days notice of a layoff when you plan to sack a third or more of the workforce at any one location. For example, we can't say "resign or be fired." When we give ultimatums like this or make life unbearable for the high-risk worker, the worker can still sue us for improper layoff when he resigns. I've been in the lay off firm 26 years. If you're comfortable with the risk level and the cost, then just go ahead and show the difficult employee the door. As you may recall, we met Sherry, a recovering alcoholic and an office administrator with lackluster productivity. Workers who receive notifications of separation are frequently not taken by surprise, because managers have warned them that such a notification might be heading their way. Don't let the imagination of the dismissed employee run wild with bias suit ideas. Before dismissing of workers, you must keep any memos that show dates of offending behavior, substantiation of wrongdoing or incompetence, or facts of declining performance. And remember while the employee may be innovative, it is your responsibility to make sure the business's overall needs are met.