Even if you terminate for an wrongful reason, you can significantly cut your chance of a lawsuit by treating the worker well during the lay off program. He knows both you and the jobholder are not legal defenders and won't expect you to act like one. If the drug or alcohol abuse while on-the-job causes the disobedience, then the obvious solution would be to lay off the jobholder.

Employee termination Memorandum Standards. In a Cornell University study a few years ago, researchers found the bad handling of a separation meeting and its aftermath was the primary cause for a illegal dismissal suit. Here the failure of the employee to follow instructions leads to endangerment of the jobholder, their coworkers or the supervisor. If you can't make clear your reasons in a professional, non-emotional way to the worker, you should question how legal they are. Have the employee sign the letter so there is a record that you did meet with the jobholder and presented the information recorded in the reprimand memorandum. As other workforce see the insubordinate employee "getting away" with being bad, they become more inclined to behave in that manner as well. Instead of attendance, the way to fire this lazy worker is through performance tracking. For example, you could cite her poor productivity as proof she probably didn't hold a similar job previously. If you even make a small mistake in the notification, it may leave you on the losing end of a grievance or law suit. Before you decide to dismiss any jailed worker, you should keep a log of events that take place following the incarceration. Finally, if you have tried everything to either get rid of the insubordinate individual or fix his behavior, then you have 2 alternatives. All they needed was an-easy-to follow worker termination program guide.