I have kept a file of all the days he was late and didn't show up for work with the reasons. Also have lots of text messages for proof.
He was given the employee handbook and kept claim he was following everything in it. It says that 2 no show/no calls is termination (no exception). Also mentions some reasons to get fired and persistent attendance issues is one of them. Not to mention breaking the cell phone policy every day as well.
I gave him a verbal warning about a week and a half ago about being late almost everyday and never letting me know that he would be late. I said he had one more chance now he blew it. He was begging before all this went down to give him one more chance and I kept saying no so he got mad and started threatening to sue and bad mouth my business/reputation.