If the drug or alcohol abuse while on-the-job causes the disobedience, then the obvious solution would be to separate the employee. After the jobholder and the company have signed the severance agreement, you're legally bound to use the cover story for all your communications about the worker's separation. Before you write a warning, you must set up a private meeting with the worker. If the contract states the employee's problems warrant dismissal, then you need to carefully craft a termination notice to highlight this portion of the contract. Include the Reason in the layoff Notice.

Employment claims and liabilities you're releasing include, but are not limited to, those arising from the Age Bias in Employment Act, Title VII of the Civil Rights Act, Americans with Disabilities Act, claims of improper termination in violation of public policy, claims of breach of contract, claims of breach of good faith and fair dealing", Fair Labor Guidelines Act, Family and Medical Leave Act, tort claims, Occupational Health and Safety Act, Pregnancy Discrimination Act, Older Workforce Benefit Protection Act, Civil Rights Act of 1866, Uniform Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, and the Sarbanes-Oxley Act. Can't you layoff them for any reason during their probationary period? For a high-risk dismissal, you don't use a dismissal notice, so the separation document is the only papers you must prepare. During your discussion, you must tell the worker what he or she did wrong, inform her or him the actions you will take, and warn her or him of the consequences if the action reoccurs. And, if the termination supervisor didn't give them already, you must bring the worker's final paycheck and severance check. Documenting all relevant information in an accurate, honest and specific manner will ensure you can prove a termination is not part of any unlawful purposes, such as discrimination. If you layoff a worker for disobedience, you should have valid reasons and document it properly. If the problem is owing to personal family difficulties, you might advise the employee to seek outside counseling and give them the opportunity to increase their work. Frankly, with a high-risk layoff, you don't have to tell the "real" unlawful reason to the employee. First, it gets the attention of an employee who has great potential for the company but who desires to shape up.
Miami Herald - Ivy will continue working until the details of his severance package are finalized. Mayor Lynda Bell — who has been critical of the manager in the past — said she intended for Ivy to receive the "full benefits" of his contract, which is set to More