It's not the absences and tardiness but the lack of results which is driving you nuts. If the employee decides to remain or you can't reach an affordable settlement, then these are your best remaining alternatives: Employers do not want to leave any doubt about why they are sacking an employee. Ideally, you must contact a legal defender to help you create the agreement.

Dismissing an employee for alcohol abuse is tough, but not impossible. As you may recall from Chapter 4, a high-risk separation is one where the worker will sue for illegal dismissal (if you fire him) and he'll win in a court trial. Remove the employee from organization charts. Besides having a chance to explain of matter, the supervisor should allow the accused employee to have a individual to support her or him at the meetings. After this, you want to state concisely and obviously your rationale for the firing. In it, the employee agrees to not challenge his layoff in court, and in return he gets an increased severance package. Gross misconduct occurs when an employee intentionally disobeys a superior level staff member's directive. If an employee contract is not in place, then there may be no legal restrictions for sacking employees, but each person state for the most part decides this. It's better to paint an objective word picture of the bad attitude which any jury would understand. As in all investigatory interviews, your job is to listen. Get a legal adviser involved right away. At-Will remains the foundation of employment law in all states except Montana.