My point is that you should never threaten to fire someone. Once the decision is made, you should do it.
Yes, this means you'll have to pay a severance because there is no paper trail. A typical severance (enough to cover the expected length of a job search) is a small cost, considering what you're getting in the deal: non-litigation, non-disparagement, minimal drama, and the employee moved out the same day.
1 - please (do/don't do) X. Hopefully this takes care of things.
2 - I said (do/don't do) X. why the fuck are you (not doing / doing) X. Now I'm unhappy, but again, hopefully this is the end of things and the employee starts doing / not doing X.
3 - (and this is what parent was talking about; I now have an employee refusing to do what I said and not providing good reasons for said refusal.) Now the conversation is: do / don't do X again and you're fired.
it isn't a decision, it's laying out consequences. Now, between steps 2 and 3, when I become aware of the doing or not doing X, I'm now moving on to the point where I have to give pretty blunt orders. I'm going to make sure my boss and potentially a peer or two, depending on which teams this employee works for, are aware of the situation and are ok with what will happen; I think that's what michaelt is talking about. There's also, obviously, a query for extenuating circumstances that they are but I am not aware of.
Yes, if your legislative environment and HR department will let you fire someone without going through written warnings and improvement plans, I agree that sounds easier than inviting them to start looking for another job.
I think you're likely speaking from different societal/legal models of employment. Here in the states, when you're ready to fire someone, you fire them. Unless you're dealing with a union. Then there are 10 additional steps.
That's not necessarily true if you want to minimize your exposure to an employment discrimination suit - often, you would want to have evidence that you gave the employee in question ample opportunity to improve. E.g. it helps the employer's position if they have regular performance reviews and those reviews reflect inadequate performance.
Yes, this means you'll have to pay a severance because there is no paper trail. A typical severance (enough to cover the expected length of a job search) is a small cost, considering what you're getting in the deal: non-litigation, non-disparagement, minimal drama, and the employee moved out the same day.