During the dismissal method, you should act quickly yet tactfully to avoid future problems with the former employee. Be aware that an insubordinate employee may also claim to "forget" to perform a certain task that they simply don't want to do. Clearly, the employee should sign the employee separation agreement.

If you forcibly demote a difficult worker and he subsequently quits, then he'll claim the resignation was a constructive discharge . How are insubordination and dismissing connected? Another reason to use worker write ups is for legal issues. In some organizations, lateral movement of employees can be a solution to turn a difficult worker into a productive, good worker. It must be his voluntary choice or you could face extra legal exposure. For example if a worker refuses to operate equipment for which they are not trained to cover for a coworker, this is not insubordination. If you end up in a wrongful layoff suit, the third recipient, the judge is not going to appreciate going through multiple pages of company jargon. If you don't tell a jobholder the reason for the layoff, or if the layoff is about his conduct or productivity and you don't give him the opportunity to correct the behavior, you may have a unlawful separation claim on your hands. And have your legal counselor review them before using the notices in a termination. And, by allowing the disgruntled individual to get away with her or his behavior, you're setting a precedent that tells your other employees it is OK to behave in a problematic way. In particular, follow-up when the employee gives you important information which could help the firm in a improper separation suit. Creating a list of exit interview questions that are relevant, useful, and that do not put the small business at risk for inadvertently saying something wrong is a difficult task.