Unless there is a contract spelling out why and how an employee can be laid off, there is no agreement to that effect. As a side note, there have been cases, tested in court in the United States, where workers refused to carry out a directive on religious grounds and their employers separated them for gross misconduct. Action that is too forgiving will send the message that you'll tolerate insubordination can lead to trouble down the road as other workers push to find your limits. Standards can assist you with all the details you need to write a reprimand memorandum and what steps to take after that. Be sure to hand out warnings as a sign of something worse to come, but do so with the betterment of the business in mind. Have a representative from this department present to witness the layoff meeting. Be clear, you still have a problem as this worker is probably a difficult individual to manage, but this is not a case of disobedience. Chapter 3: Employer Rights - Legitimate Grounds for Dimissing A worker. After being sacked, the former employee filed a legal action. I never could get this job right." Include any threats of lawsuit or violence.

2) You must tell the worker to whom else you are offering "the package" including their ages, job titles and business units. Keep the exit interview brief and avoid saying too much, as anything you say can be used against you later if the at will employee decides to file a legal action. Chapter 6 helps you create bulletproof legal papers for workers with terrible performance and minor misconduct. If you lay off a worker for "cause," a clear, well-written statement of the grounds for the layoff will inhibit any future suit by the jobholder. The written reprimand notification could be just what the jobholder desires to correct the circumstance.