If you have an insubordinate employee, you need to begin the method for separating immediately. If the drug or alcohol abuse while on-the-job causes the gross misconduct, then the obvious solution would be to sack the jobholder. Ask questions about both supervisor-worker communication and worker-employee communication. And then, lastly, dismissal is the last step in escalating discipline. *** The small business owner or supervisor just fires a insubordinate employee without following the proper processes. If negotiations break down and a law suit is probably, let me give you a little trick to limit your damages. It allows companies to track a jobholder's problems and if you should terminate the jobholder, a warning form can serve as a legal document. To do this, you will need to coin an at will job termination letter that details the reason for termination and the effective date of dismissal.

If it becomes a public matter or if the offending photo contains anything that identifies the business, you're likely in the clear as well. Another good rule of conduct for Human resources managers or small company owners to keep in mind is that it generally is not a good idea to separate workforce while they are off work sick or injured. Employees who work an average of fewer than 20 hours a week are also not covered. If you're offering outplacement support, give a listing of the career services the worker will receive. Experiencing Legal Problems On the account of a Difficult individual. (Certainly, you should document all this bad behavior when the meeting is over as it'll prove you were correct in separating her.) Don't take it personally and don't react to her taunting. Finding a reason to lay off the employee is the easy part, but you should be careful how you do it.