Sometimes, it’s clear that unless an employee shapes up, she’ll have to be fired. Argumentative, insubordinate employees who balk at even minor requests fall into that category.
Carefully document infractions so when termination time comes, you have specific examples—not just vague allegations that the employee doesn’t listen to her boss.
Recent case: Martia, who is black, sued her employer for wage discrimination and lost. From then on, she resisted direction and often argued about her supervisor’s requests. Each incident was documented. She was eventually fired for refusing to attend ameeting.
Martia sued, alleging retaliation. But she offered no evidence to counter the many specific examples the employer could cite. The case was dismissed. (Moffett v. Mississippi Department of Mental Health, No. 12-60551, 5th Cir., 2013)
- Document misconduct probe, just in case of lawsuit
- When same manager hires and fires, it's unlikely to be discrimination
- Make sure post-firing documentation doesn't pile on extra reasons for termination
- HR's uneven response to graffiti and swastikas: 'Close' counts in horseshoes ... not harassment
- Must we give drug policy to an ex-employee?