Before you say anything at a separation meeting, you should mentally prepare. In other words, it is not a good public relations move to dismiss employees without prior knowledge. Instead of agreeing to the implied question, you should say, "Certainly I want to assist you; this is why we've provided you a severance. If you do not have a legal department, find a legal counsellor who specializes in creating these types of guidelines.

It's important the goals and measures appear fair to a jury. Gross misconduct in itself is the refusal by an employee to follow a valid instruction from an individual in the worker's chain of command. Legal counselors and Human resource professionals call this a separation by mutual consent or a negotiated lay off. In Tool #5 of the employee Dismissal Toolkit (at the end of this book), I give you some sample questions for a "resignation" exit interview. 5) Gather any physical evidence such as documents or e-mail which support and refute the insubordination claim. After doing your research and being current on the laws for your particular company in your state, build your terminating disabled workers policies around these laws. For example, you could cite her lackluster productivity as proof she probably didn't hold a similar job previously. Terminating A jobholder On Leave (Including Employees' Compensation). By talking to them when they first are insubordinate, you may uncover key issues outside work that have soured their demeanor and caused them to respond negatively. Because the guideline lay off approach was so flawed, I developed the firing Risk Estimate & Protection System(tm) (TREPS). Chapter 5: Effective Options For Dealing With Any Insubordinate employee.