If you decide to fire an employee under FMLA, your procedure is the same as any other separation. If you're dismissing an employee, the contents of your termination notification are important. During your discussion, you should tell the employee what he or she did wrong, tell him or her the actions you will take, and warn him or her of the consequences if the action reoccurs. Therefore, you can terminate an at will employee for any reason . As far as firing personnel and employer conduct goes, this is the safest bet to ensure that both parties will end up happy with the result of a sick or injured worker. If you're comfortable with the risk level and the cost, then just go ahead and show the insubordinate worker the door. I know this may go against your principles, but it's a reasonable firm decision when the troublemaker is costing the firm lost time, lower esprit de corps, lost performance, regulatory fines and legal hassles. After writing your worker separation notification, you must then sit down with the jobholder and discuss the memorandum and any steps the jobholder should take to complete the firing. Before you decide to swing the proverbial ax and let a insubordinate employee go, you must have valid and legal grounds for doing so. According to our company policy, I'll be placing a copy of this final written notice into your permanent personnel file.". Overwhelming misbehavior is breaking a major workplace rule or standard. * The employee must directly refuse to carry out the order, not simply fail to do it.

ANSWER TO PART A: "Yes." You have a law suit coming for several reasons: 1) You're separating the 2 employees because they're women and this is improper. Because the worker may try to come back with legalities or claims of unfair termination, you must collect enough proof on your separation case. A critical step in this lay off program is writing a lay off memorandum.