If you manage a firm of any size, you shouldn't fire someone for an improper reason whenever possible. First, when you're firing for gross misbehavior, you should layoff the day after the 3-day suspension whether this is Friday or not. Sacking a jobholder is never an easy procedure either for you or the worker, but at times you'll have no choice. How to Lay off a worker While Limiting Your Legal Risks. In addition, when the firm downturns or merges, they suspect you will lay them off. But since most workers, even the difficult employees, fall into the former group, it's perhaps worthwhile to figure out how best to deal with them.

If the performance problem or misconduct is minor, handle the problem informally with the jobholder, possibly over lunch or in a one-to-one meeting. It's the nature of my job to change my schedule to meet firm needs. As a owner, you have to remain objective as you collect information in the exit interview, and can't get defensive at the statements made by the worker. A person that fails to complete the duties you have assigned to her or him is also presenting early signs of worker insubordination. Just get your facts straight and create good solid documentation on why you sacked the worker. Probably you're not off the hook if your small company has less than 20 employees. Even a chronically late insubordinate worker can cause safety problems as other personnel try to pick up the slack or to speed up and catch up on production when the employee finally makes it in. As long as your workers have good work habits and show up on time, you can't terminate them for being in jail as this is discrimination against their crime. You must also include all wages earned, as well as all vacation time, sick time, and personal time earned up through the date of lay off. In this meeting, you shouldn't tell the insubordinate employee what you're going to do about the bad behavior.