[blk911]

Although I don't know the right to work laws in your state, you might be best advised to counsel him on the issues, give him a written assessment that he must sign to acknowledge. In this assessment, you specify what he must do to correct the unwanted behavior and by a certain time. That way, you have documented that you tried to address the problem, the employee was informed and given the opportunity to self correct. If he still doesn't get there in the specified time laid out in the evaluation, you let him go if you can no longer tolerate the specified behavior or lack of performance. You might also start interviewing candidates for his position, let him see it.