Further, misbehavior forms should also contain clear documentation by the employer that he or she spelled out the penalties for refusal to carry out the direct order. For a medium risk termination, you can sack right away, but you have increased legal exposure. In addition, you must draft an employee termination notice and conduct an exit interview. A medium risk separation comes in 2 forms.

If the worker fails to increase as the result of progressive discipline, you'll have built a sufficient case to separate the employee without risk of facing a suit. Make clear to the jobholder that you have their human resources folder in front of you and that you have some bad news for them. He may be the kind of person who lives to aggravate others. For example, the boss may think the jobholder has some insights into the department's declining esprit de corps and can help you devise a question to get this information. In fact, he probably has been building a case against the firm in preparation of a illegal lay off suit. To do this, you'll need to coin an at will employee termination memorandum that details the reason for termination and the effective date of layoff. This progressive discipline also creates the evidence necessary if you need to fire the employee once all efforts at rehabilitation fail. For example, you might say, "Employees who fail to wash their hands after using the rest room will receive one day suspension after the first offense, three days after the second offense, and lay off after the third offense." Or, it could be more general, such as "Workforce who fail to wash their hands after using the rest room will face suspension and possible separation." How much leeway you wish to give yourself when it comes to rehabilitative action is up to you. It is important that you gather all prior evidence on job performance and rehabilitative measures. (This is because he didn't ever write a rebuttal.) The Jury's Conclusion: The jobholder's alleged wrongful reason is bogus and only invented after the fact to extort money from the firm. Every disciplinary step should include this warning form process.