RE: Written warning for (unsatisfactory work, tardiness, or other infraction). Therefore, you'll be offering an increased severance in return for a separation document. To reduce employee anger, never do an "on-the-spot" dismissal. Unfortunately, there will always be some workforce who simply have a bad disposition about work. To make matters worse, you should know the average award in a wrongful termination trial is $536,927 (according to Jury Verdict Research) and the employee wins about 70% of the time (according to Steven Mitchell Sack in Getting Fired.) Somehow, the legal advisers for these bad ex-personnel have made everyone afraid to tell the truth about their clients. o Is it unlikely the worker will take law suit against you and your company? Please be aware we've already impounded your computer and turned off your passwords according to our policies and processes. When you lay off a worker for other reasons, you need to use progressive discipline. Your next step is to consider what the insubordinate individual has told you and decide whether the circumstances need a warning. o Does the documentation show clearly this separation isn't retaliation for whistle-blowing, a harassment complaint or filing of an employment action? The jobholder argues with and confronts you on a regular basis.

You and your management chain may have caused the business's decline through management missteps or a failure to recognize the changing marketplace. You're a new department boss (or a new sole proprietor,) and you see a 52-year old worker isn't pulling his weight and is a loud mouth. Then there is a greater risk the worker will maliciously attempt to get back at the company.