If the employee believes the problem you are having relates to his or her disability, you must address it now. After all, it is a business, and if you are losing money because of a problem that is rationale for firing. But even during the worst times, remember nonproductive and bad employees will destroy productivity. Find a way to inform your employee that you must speak with them, whether by speaking to them, sending them an email, or leaving them a note on their desk. If your friendly competitor first told you he was thinking of hiring Bob and wanted your opinion of him, then your comment would've been all right according to blacklisting laws. If this is the circumstance, counsel the employee and offer them training.

* Is this particular problem employee able to change? By protecting the business, eliminating costly public firings, and personal ties to a circumstance, a personnel person or small company owner can overcome terminating troublesome workers. For whatever reason, a insubordinate worker is not producing the quantity or quality of work they must to remain a part of the organization. If you can, document the effect their absence or their reasons for being in jail is having on the business. Even when separating an "at will" employee, the supervisor should exercise care in wording the rationale for the termination. Before you have had a chance to sit down and discuss a sick worker's circumstance, you should not just replace their position with another worker. The Fifth Step When Separating Workers: Prepare Cobra Notice and Cut the Final Paycheck. (See Chapter 3 for a list of legitimate business wants.) And you can use an employee termination form even when you are not terminating a jobholder.