And since you had (Misconduct) to go into the

And since you had to go into the past to "get him," your "real" reason for terminating should be an improper one. Leading a layoff is an emotionally draining and tough job. Besides the emotional stress of terminating employees, you must be wary of lawsuits. *Have you sufficiently warned the worker through a succession of dated memos? For example, you thought about making everyone part-time in the department to save the job, but you decided it would destroy worker group spirit and work efficiency. Lastly, insubordinate employees will often threaten you with a law suit if you dismiss them. If the behavior remains poor, then it's time for formal progressive discipline that will likely lead to the difficult employee's dismissal. For a resignation, the meeting mostly occurs in the building and on the worker's last day. If you are dealing with a troubled (or troublemaking) worker, this can be a blessing because without having to deal with problem employees can be wearing, both to the workplace and the boss.

You must motivate your problem employees so their work productivity improves. ANSWER TO PART A: "Yes." You have a litigation coming for several reasons: 1) You're firing the 2 personnel because they're women and this is illegal. His resulting anger can lead to an unnecessary litigation or violence. But be careful, because there are over frequently over 40 to 60 employment laws (depending on your state) that protect the worker in some way. 2) You have discussed your circumstance with your legal defender and have gotten his opinion. If someone who has the proper authority gives this order, and the worker refuses to perform the duty, the act is plainly misbehavior.