How to Give a worker firing Notice. Here's the key to sacking someone who's taking advantage of FMLA. Because they live in an "at will" state, they think they can sack anyone whenever they choose. Following the firing Risk Estimate & Protection System(tm) in Chapter 4, you decide this is a medium-risk termination, and you'll offer her extra severance in return for a release. The basic idea of at will employment allows an employee to quit a job without advance notice and without worrying about breach of contract. Is the termination adequately documented? And worse yet, by telling the jobholder you disagree with the "higher-ups," he can use your comment to prove illegal separation.

All of this should support your case for separation. Insubordination is the one place you can summarily dismiss a worker without worry. If the employee is in violation of any of the infractions that result in termination, you're dealing with lay off for cause. Failure for nurses to follow worker hygiene processes can spread illness among patients. If the worker is in violation of any of the infractions that result in dismissal, you're dealing with layoff for cause. If you should layoff someone for an illegal reason or a stupid one, then follow the method for high-risk dismissals. Following Proper Procedures for Dismissing Workers for Misbehavior. Even if you don't own a company that involves working with food or with patients, you still have the right to demand a certain level of hygiene from your workers. Also you must have detailed evidence to support those reasons.