First, your other employees may believe you're discriminating against them when you come down on them and don't come down on the problem worker. And, if you're firing for an improper reason, you'll at least know you're inviting a lawsuit. * The employee will regard all items in the workplace as property of the company. But you don't have to fire for stupid or illegal reasons. But to be fair, management should place the jobholder in progressive discipline. He or she can slow down production, cause other personnel to become poor-performing, be a safety hazard, or even cause legal troubles. Chapters 6 and 7 cover this topic. In addition, if the disgruntled employee is violating safety procedures and hurts someone, a court will find you liable. As an employer, you will find a notice of dismissal helpful. A firm should always keep in mind that certain personnel may claim discrimination for errant firings.

Although the company probably has a "name, rank and serial number only" reference policy, probably your managers and workers are giving reference interviews against the policy. Therefore, you must know how to separate an at will worker properly to keep yourself out of hot water. Does Your worker Disregard Work Directives: How to Correct Insubordination. Even if you know your worker is taking leave under FMLA, you can still terminate him or her. If the hiring supervisor isn't available, then transfer the bad individual to a supervisor in her protected class. Considering this individual is a liability not only to you, the small business and any other driver on the road, you take immediate action.