Document your meetings with the worker and document any programs he or she must attend. Also, the general wording in your employee separation notice sample should set a respectful tone. Later in the week, you see the jobholder intentionally breaking a safety rule. It's true a jobholder should know what the standard is before dismissal. Instead of agreeing to the implied question, you should say, "Unquestionably I want to assist you; this is why we've provided you a severance. Insubordination by a worker, much less gross insubordination, is grounds for layoff. Labor disputes can be costly in both your time and money, and a little planning during the layoff program is necessary. According to ERISA (another federal law on retirement benefits), you can't dismiss an employee to stop her from getting a retirement benefit. Keep in mind that just because you have an employee who falls under one of these groups, this does not mean you can't terminate this worker.

Don't back down from your decision, and use the lay off notice to guide you through the exit interview procedure. You can't compromise like this, and therefore you must know the proper employment termination techniques. If you allow gross misconduct to continue, it will give the wrong message to other personnel who think they can also get away with this behavior. Have the jobholder sign the memorandum so there is a record that you did meet with the employee and presented the information recorded in the reprimand memorandum. Likely, the employee will ask for an extended date, and this often is the first point of negotiation. In many ways, you want to treat this like a layoff with a severance agreement and a release of claims. As a manager, you must eventually make it clear to the jobholder that their work should take priority during business hours.