(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. It is important to do this task right because it is a tool for documentation, communication, and managing directives when you let a jobholder go. If you allow gross misconduct to continue, it will give the wrong message to other personnel who think they can also get away with this behavior. (Probably these steps will be consistent with any investigatory policies you have.) But if you don't have a policy, then this process is proper for any overwhelming misbehavior probe. How to Go about Firing a Disabled Worker. As you may know, an employee can only get unemployment when you fired him for poor productivity or economic reasons. Jim has been with the business for 22 years. Firing a worker poses a certain number of obstacles. Will the firm suspend the worker, will it dock pay, or will it lay off the worker? If you don't, you may be inviting a complicated legal action. If you're dimissing the worker for drinking on-the-job, for instance, don't beat around the bush. If you fire for gross misconduct, your documentation must prove that a direct order was issued to a worker, that they understood it and that they refused to obey it.

After you hear all sides of the story, then make your layoff decision. FMLA is not a blanket protection from job loss. By following a formal program and making your termination letter worker foolproof, you're protecting your small business and, at the same time, minimizing disruption in the workplace. Sometimes, an at will worker will refuse to sign this documentation.