If you are an Hr manager, this may be as easy as contacting a higher authority, such as a Vice President or President of the firm. And, we advise you to review this agreement with your lawyer, although there's no law compelling you to do so. Dealing with problem employees is tricky.

If you lay them off because of a business restructuring, they will leave on better terms than if you dismiss them for violating business policy. If the worker fails to increase as the result of progressive discipline, you'll have built up enough of a case to fire the employee without risk of facing a litigation. A insubordinate employee can become a difficult adversary after they are gone. Giving notice allows the worker time to steal confidential information, stir-up the remaining workforce and commit sabotage. If you have followed the proper processes and have collected the right papers, you incur no more risk by including the reason for lay off in your notice. (But don't forcibly demote him . And you should document whether the insubordinate employee is making any effort to upgrade the quality and quantity of their work. The first step you need to take when separating an at will worker is to document everything. Can't you terminate them for any reason during their probationary period? If left unattended to, misbehavior will quickly demoralize the other employees you supervise. First, the manager should coach the jobholder when the misconduct occurs. Even without a written firm policy, gross insubordination may also be simple to prove against an unfair labor dispute if it occurred within sight or earshot of others-employees or customers.