So dumb question - have you taken him/her aside and explain your issues? I don't want you to go through each and every issue/problem but have you discussed in p

So dumb question - have you taken him/her aside and explain your issues? I don't want you to go through each and every issue/problem but have you discussed in private the problems you've had? I can only tell you what I've seen in the past, but I think best practice is to have a private talk with the person in question and then provide the issues you've had in writing, signed by yourself and HR. I'm not an HR/legal expert, but I believe having those issues documented in writing is important from a legal standpoint. And if you have not discussed things privately then I would advise to go that route. You did not say if you made these comments (like about being late) in public or private but I would try to minimize the shaming that a public criticism would bring if you did it in front of other people. I assume you've already weighed how hard it can be to find tech skilled people in this economy and what it will be like to replace them. They're only 5 weeks in so there isn't much tribal knowledge this person has just yet. At the very least write down the issues, tell that person they are doing above average work but the problems they are causing is hurting the team and morale. The "it's not you its us, here is your severance" seems like a smart route as well. But please consider the documentation of issues for legal purposes, and try to get a feel for their response. If it is still hostile or resistant then you might have to let them go.