If you make reasonable accommodations and the worker still can't do the job, you can still separate her for bad performance. Either offer the worker his job back or give him a settlement in return for his assurance he won't take litigation. When creating the worker layoff letter and conducting the firing meeting, you should adhere to strict guidelines. In Tool #5 of the worker Termination Toolkit (at the end of this book), I give you some sample questions for a "resignation" exit interview. If the employee is facing unbearable conditions (such as unlawful harassment or any of the illegal reasons in Chapter 2), the worker may still resign and sue you for constructive discharge and unlawful layoff. And, along the way, you get some useful feedback you can use to increase your small company. In addition, you shouldn't make enemies of former workers due to lawsuit risks. For example, you should list when the employee will receive the final paycheck and what his severance benefits are. However, always consider this type of reprimand as a tool for improvement first rather than a means of ridding your small company of a problem worker.

If you decide the insubordinate employee did commit a insubordination infraction, you can separate immediately. Employee dismissal forms are a substantial part of separating a jobholder. There are many reasons worker termination is necessary. But, if a jobholder physically threatens or extends physical harm onto a boss or owner, this should always result in an immediate firing. After conducting your inquest or reaching the final step in the progressive discipline program, it is time to prepare for the dismissal. Briefly describe the reasons for layoff. An employer should be wary of doling out light punishment for a worker reprimand simply because they like the employee who acted out of line.