If you bring them into your office and explain the circumstance, whether it is downsizing or poor work productivity, the other personnel will appreciate your honestly. Even if you have a standard written package, using it to separate specific workforce can get complicated. For example, if the problem individual is routinely late arriving to work, production may cease altogether as the other personnel wait for the jobholder to arrive. If the insubordination occurs and could damage the small business, then you should take full use of your policies and reprimand the employee, possibly even separating their employment. Are you a timid owner or Personnel person? In other words, the way you fire the employee is much more important than the reason you dismiss him. As Dr Franco Gandolfini notes, 60-70% of your personnel will be indifferent, 10-15% will be openly hostile or subtly try to sabotage the changes to show management it has been ineffective. It should also include whether the at will worker is eligible for rehire and any benefits that he or she may or may not still receive after lay off. And, you must never express in your dismissal memorandum that you feel bad for dimissing him or her — although I know that it seems kind. This will justify your actions and create an undisputable basis, as well as provide the employee with a way to get his act together for future jobs. Disobedience occurs when a jobholder intentionally disobeys a superior level staff member's directive. Again, this will lower the chance of a law suit when her new boss fires the bad employee.

As soon as the employee is gone, spread his duties and assignments out to the remaining workers. Document the layoff through progressive discipline or probe of overwhelming misbehavior. And he has a legitimate case you'll likely lose.