And you also cannot legally elect to pass over a job candidate because they are female or Hispanic and so on. Even if you can't layoff immediately, you don't have to live forever with the insubordinate individual's behavior. In theory, dismissing an executive should be the same as dismissing a rank-in-file employee.

After a sacking, a problem former worker can disclose business information to competitors, file grievances with agencies like OSHA, and return to the workplace threatening violence. For high risk terminations (where the worker will sue and you'll lose), you never "officially" lay off the jobholder, so you don't need a letter. If you must fire someone for an unlawful reason or a stupid one, then follow the procedure for high-risk terminations. Do not embarrass workers by having them escorted off the property. Be sure to keep a copy for the firm records, and if you should mail a notice (if a worker works off-site), then use certified mail. During this meeting, make workforce aware of the possibility of dismissal. For example, a refusal to wear protective devices, smoking in undesignated areas, or after repeated warnings for misbehavior create situations where separation is the eventual consequence. Lawyers and Personnel professionals call this a separation by mutual consent or a negotiated termination. An honest response to this question will assist you gauge the esprit de corps of your team, and how your actions are influencing your workforce. Sacking an employee poses a certain number of obstacles. I'm a turnaround consultant and the author of the best-selling, "The Insider Secrets to Saving Your business: The Step-by-Step Turnaround Guide." (www.turnaroundcentral.com) In case you don't know, turnaround consultants save failing companies from bankruptcy. A Foolproof Dismissal Notice: Separate Your employee Quickly And Easily.