Keep the exit interview brief and avoid saying too much, as anything you say can be used against you later if the jobholder decides to file a suit. An employee might be talking back during inappropriate times (is there an appropriate time? However the jobholder misbehavior occurs, you must be confident in your approach and prepared to deal with it. Ask about and listen for mitigating causes or for evidence proving this was less than insubordination. First, the worker wants to take lawsuit but you have a good chance a legal defender won't take his case or the jury will rule in your favor. After all attempts to get the employee back on track fail, it is time to write the jobholder reprimand notification.

Even if you think the employee is ineligible for unemployment, you must inform him how to file anyway. Likely, the individuals separated were friends with some of the remaining personnel. An exit interview is a meeting between a supervisor and the worker after his separation. Even if your personnel follow firm rules most of the time, you'll still have management issues. If you deal directly with employee firings, then you must know these worker rights in layoff. However you can terminate the employee for reasons outside their protective status. Document the effects this behavior has on the company. Here the failure of the worker to follow instructions leads to endangerment of the employee, their coworkers or the manager. (See Chapter 7 for how to layoff for gross misconduct.) In today's society, you must follow a proven termination program to avoid lawsuits.