Many thanks to each and every one who responded.
To those who asked about the legality, I’ve been in numerous meetings with our in-house counsel and HR representative and while no firing is without legal risk, we believe legaly we have the right to fire. Perhaps my initial posting should have been clearer on the legality, as my dilema stems from the fact that although we (the company) believe it is legal, I wanted to be sure that it was also the correct thing to do as a human being.
While the man has been a sub par performer, I hold no animosity towards him. I recognize this is a problem that he must choose to deal with.
He is no more fallible than I, his problem just happens to involve me and his co-workers, and I believe God placed he and I in this position so that we could both learn. This is why I’ve labored over the decision, as I realize that I’ve been placed in a position that has consequences, on him and his family, on his co-workers, on the people sharing the same roads with him during his 5 to 6 trips around the block daily in his car to presumably “relive his stress”, and on me. The list is endless.
Thanks again, this was very helpful.