Many times when an employee is facing termination, and knows it, he takes the offensive, claiming discrimination, harassment, retaliation, or FMLA or ADA violations. This reaction can muddy up an otherwise clear termination process. And once the employee gets the ball rolling, company responses (say, those of HR and the employee’s manager) can easily conflict with each other, injecting confusion and disillusionment and making the process even muddier. But most of the time the initial decision was the right decision and the employee’s threats were merely threats. They should not derail action.