Even if he or she is the worst employee imaginable, you will still find yourself reluctant to perform the layoff. Document the small business reasons for the termination. It involves gaining proper documentation and having discussions with the jobholder about his or her terrible performance. For example, "the jobholder made me angry" is not a good reason. In it, you must list facts and back up the reasons for separation. In a Cornell University study a few years ago, researchers found the bad handling of a termination meeting and its aftermath was the primary cause for a unlawful lay off suit. Include any progressive discipline steps you have taken or background to your examination for insubordination. Here you tell the bad employee exactly what you expect of him and what he must do to correct the problem. These may include how the employee will empty his or her workspace and the company's need for the jobholder to leave the building immediately. Don't Tolerate Gross Misbehavior. In other words, the way you separate the employee is much more important than the reason you dismiss him. Second, it gives the firm formal evidence to track a jobholder's problems and, hopefully, their progress in resolving them.

Finding the right time and method of breaking the news to the jobholder, who may be underperforming, presents the most difficult obstacle. Good eyewitnesses include members of Human resources and senior management. Be aware that an insubordinate worker may also claim to "forget" to perform a certain task that they simply don't want to do.