*Third, do a consistent "check in" with the difficult individual to be sure that you understand each other. (Here you will also want to note any worker benefits the jobholder will receive. During the layoff meeting, you will discuss the contents of the worker dismissal notice. Is it any wonder employee separations frighten and worry most supervisors, owners and Personnel managers? The first step you must take when separating workers is to build your case. How did the employee react to her or his evaluation? If the troublemaker is a poor performer, you must immediately put him into escalating discipline and fire him when his productivity doesn't upgrade. In the military, service employees are not obligated to follow wrongful orders and the same holds true in the civilian workers as well. An insubordinate individual is a danger to the company, other employees and himself.

Gross misconduct in itself is the refusal by a jobholder to follow a valid instruction from an person in the jobholder's chain of command. If he later files for unemployment, you can use this letter and his reason as evidence the company didn't force him to quit. Also include any behaviors or tasks you expected the jobholder to perform to fix their problem. The Concerns of Sacking Workforce. Keep in mind that if there is a law suit, a court can use your letter as substantiation against you and the firm. At the least, she will be able to get the case before a judge or jury.