Be aware there is a difference between a worker's *failure* to carry out a direct order and a *refusal* to carry out a direct order. If your company and facility are big enough to fall under this law's jurisdiction, you must contact an employment attorney to get a definitive legal opinion and action plan for your circumstances. If the employee's personal life is interfering with work, use the firm's counseling services. For WARN to affect a firm, there should be 100 or more personnel. However before you sack him, document the dimissing incident like the previous warnings. Too often, however, employers mistake reformatory action as rehabilitative counseling. (Don't layoff everyone in a group meeting because this is an undignified way of separating workforce and can lead to lawsuits.) I inform you how to decide the correct dismissal package. As a entrepreneur, you have to remain objective as you collect information in the exit interview. LOW RISK Terminations - You only offer your standard severance (if any) and you don't need a release. If you can, transfer the insubordinate individual to her hiring manager. Even when terminating an "at will" employee, the boss should exercise care in wording the grounds for the layoff.

For you, it stops a illegal termination suit and of paying a big settlement, right? And, the more witnesses you have, the higher the chance the hearing officer will believe your version of the facts. Even though some offerings like discontinuance wage are not necessary, they make the dismissal procedure go much smoother.