If the jobholder fails to upgrade after a series of warnings, then it is time for you to fire her or him. But, if he does, you should put him into progressive discipline. As a supervisor or boss, you may feel that a worker's actions warrant immediate dismissal or terminating them before their contract expires. A cover story is a positive explanation for a laid off employee's departure from the business. Finally, you give the jobholder several chances to offer his own performance improvement plan and to rebut your warnings.

As you must recall in your final written notice, I gave you this specific expectation: "You should take the initiative and rearrange my schedule, cancel meetings and call the affected appointments when I'm unexpectedly unavailable. It is important to remember a court can use this letter as legal evidence in the future, so it is important to draft a copy and have someone else in the human resource department review it. It makes it more formal and others will take it more seriously. If he doesn't upgrade in a few months and after 3 warnings, you can layoff him. Here are some dos and don'ts to keep in mind as you create your exit interview form. Lastly, if you're serious about winning the appeal, you should hire a legal defender. If not done suitably, the memorandum can cause legal problems later. A jury will see your ultimatum and poor treatment as forcing the worker to leave, so this equals sacking him directly. * Will dimissing this employee affect productivity adversely? You must remember embezzlement is a serious offense and sacking that person is usually the only move you can make.