Terminating an employee is a difficult yet necessary task for every manager, requiring proper procedures to be followed. This guide outlines essential steps and tips to ensure the process is handled smoothly, legally, and respectfully for both the employer and the employee.
By Douglas Wade, Attorney
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It’s far easier said than done to fire someone. Letting someone leave is a terrible duty that both the employer and the employee hate, even though it’s something that every management will have to do at some point. Furthermore, a lot of managers have sleepless nights about this choice. Even if it’s a difficult task, it’s crucial to follow the right procedures when terminating an employee.
Before you really fire the worker, you must have everything in order. If done quickly and without following the right procedures, it might put everyone in a very unpleasant situation.
In fact, legal problems can potentially surface and seriously harm your company.
Regardless of the type of business you run, there are some guidelines that can help you cope with the inevitable when it comes to terminating an employee gracefully. Human resources professionals and experts from various industries may advise different approaches.
Find out the ten dos and don’ts when it comes to terminating an employee by reading on.
The first and most important phase in terminating an employee is to organize everything before you officially let them leave.
If you want things to run smoothly, preparation is essential. Here are some steps you can take to avoid any miscommunications or even charges of illegality before firing the employee.
Pay close attention to your company’s termination policy and processes when it comes to firing an employee, especially if they include severance or notice provisions.
Speak with an employment attorney if you believe the dismissal could lead to legal action.
Safeguard all online computer files, make a backup of your company’s data, and keep an eye on any records the employee is responsible for (in the event the employee tries to steal them).
Make a list of all the corporate property, including computers, ID badges, sales tools, etc., that the employee must return when fired.
Gather all relevant communication, including written warnings and performance reviews for the employee. Review it in advance of the meeting.
Lastly, draft a termination letter detailing the specifics of the worker’s discharge.
Add details like your last day of work, benefits, the last paycheck, etc.
This paper needs to be signed by the employee, and a copy should be provided. Another should be retained in the employee file.
It takes more than just sending an employee an email to terminate their employment. First things first, you must decide on the appropriate day, time, and location for the dismissal.
In order to minimize the impact on business, it is usually preferable to do it earlier in the week, ideally towards the end of the day.
In addition, confirm that you are aware of the worker’s mode of transportation. Don’t terminate them in the morning, for example, if they rely on the workplace carpool to get home after work.
Here are some more pointers to assist you in choosing the appropriate time and location:
Never fire an employee in front of a crowd
Everyone is entitled to their own privacy. Make sure you stay out of public spaces while allowing an employee to leave in privacy so they have time to process things before their coworkers find out.
A meeting should be held in a conference room. It’s a quiet, impartial place that is less likely to be disturbed.
Never terminate a worker on a Friday (or the day before a holiday)
For most people, getting fired may be incredibly upsetting. Some people could need counseling, guidance, or emotional support, all of which might not be offered on weekends or holidays.
Further, you give them a head start on their job search by letting them go earlier in the workweek.
Don’t fire a worker who is on medical or parental leave
Regulations safeguard workers who are on leave. For this reason, you should refrain from terminating a worker who is absent or has just returned from vacation. In such a situation, you have to hold off on making the dismissal until the appropriate moment.
If you wish to steer clear of future legal problems, you should never begin the discussion about termination without a witness.
When terminating an employee, it’s usually preferable to have a second employee attend the meeting with you.
This is typically a human resources employee with prior termination experience. Make sure the person is aware of the situation before the meeting by giving them a briefing or giving them a copy of the reports.
This has the added benefit of helping a less experienced manager because the HR representative can help keep the conversation on course and guide it toward conclusion. It also provides an additional set of ears to hear everything that is said during the employment termination.
Also, the HR representative will guarantee that the worker receives professional and equitable treatment. It lessens the responsibility that your company has when terminating an employee.
Any other employee can act as a witness if your company does not have an HR department. In addition, they will be able to help you in the event that the fired worker declines to sign and acknowledge paperwork.
The witness may sign the paperwork in this situation instead. In addition to bringing a witness to the meeting, it’s a good idea to have security on hand. Emotions are frequently very high and terminations can be traumatizing.
Pro Tip: Take notes throughout the meeting or use a recording device. Just be sure to inform the staff member up front.
Terminating an employee should never result in a lengthy discussion, particularly if you have kept records of the worker’s performance, coached them, and offered regular input over time.
The documents will provide ample testimony.
Furthermore, it is cruel and ineffective to vent your dissatisfaction on them again.
According to benchmark surveys, the majority of employees, including those who have been warned repeatedly, will inquire as to why they are being let go.
Prepare a clear-cut, concise response. Be truthful, accurately summarize the circumstances, but exclude any specifics.
Be careful not to assign responsibility to the worker. Your intention is to let the worker go while preserving their dignity.
Avoid taking offense or engaging the employee in a debate over the validity of the termination decision.
You can, however, let them respond and pose questions.
Common questions may include:
Will the PTO time I didn’t use be reimbursed?
When will my last paycheck be arriving?
Is my health insurance still valid?
Do I qualify for unemployment benefits?
Respond to their questions with compassion and empathy. Make sure, nevertheless, that you stress that your decision to fire them is definitive.
One of the most essential things to remember when terminating an employee is to refrain from demeaning them. As mentioned earlier, you need to conduct the actual firing meeting carefully since you want the employee to maintain their dignity throughout the process.
Additionally, how you handle the employee may have a major role in whether or not they feel mistreated and choose to sue you (whether or not the complaint has substance).
Thus, always treat employees with dignity. Having a face-to-face encounter with them at the appropriate time and location is a sign of respect.
It is never appropriate to terminate an employee via email, instant messaging, text message, phone call, or Zoom call.
Remember that the rest of your staff has long memories. Make sure you manage dismissals appropriately to preserve their confidence in you and morale.
Furthermore, since social media is so prevalent in this day and age, it is unlikely that dismissals will remain a private matter. Because of this, you want to avoid setting up situations that could harm your company’s reputation with potential clients and customers.
Thus, keep in mind these pointers when terminating an employee:
Don’t terminate staff members using technology
During the meeting, be truthful and forthright; avoid becoming personal or making a scene.
Be discrete and courteous.
Avoid comparing the worker to other people.
An employee should never be surprised by their termination. Don’t make snap decisions. To avoid surprising them, which frequently results in outrage, make sure they are informed about the dismissal beforehand.
This suggests that you should never fire a worker without cause. Instead, give the employee mentoring and performance criticism over time, unless they have done something very severe or sudden.
Record each and every stage of the process of improvement—or lack thereof. Employers have the authority to decide whether to fire an employee if they have received the appropriate training and there has been no progress beyond that.
Resisting the element of surprise also allows employers to protect their own interests if the employee’s termination leads to a lawsuit.
A lot of workers never think they’ll be terminated in the first place.
They never feel that they should be fired, no matter how bad their performance is. They might therefore cling to the idea that they have any influence over your choice.
It’s important to keep people from believing that your choice isn’t final.
No matter how challenging it may be, make sure you are direct in your communication. To ensure the worker doesn’t receive the wrong impression, let them know right away that the meeting’s goal is to fire them.
If the employee believes they have a chance to persuade you to change your mind, being evasive or using ambiguous language will only lead to trouble.
You will be reasonably articulate if you adequately prepare for the conversation and practice what you intend to say to the employee. Moreover, if you run out of things to say, a colleague will be there to help.
Whether or not security should lead employees off the property is a topic of debate among experts about terminating an employee.
Although you must safeguard your business from problems brought on by angry workers, you also don’t want to treat your ex-employees like criminals.
However, it’s important to remember that terminating an employee might be a risky move. You need to have the ability to foresee and handle the various situations that may arise.
For example, refuse to allow the staff member to return to their workstation if they grow agitated. Furthermore, they shouldn’t be permitted to access your company’s data, IT systems, or coworkers after the meeting concludes.
Removing the employee’s access to cloud-based computer systems, electronic devices, etc. during or just before the termination meeting will help you prevent issues. To safeguard your data, change computer access logins and security passwords as needed.
Whichever strategy you decide on, it’s crucial that you handle your former employee with dignity. Try your hardest not to make a scene when terminating an employee.
Giving a reference letter to a worker is an essential part of letting them leave with honor. They will find it much easier to find new jobs as a result of this.
As their previous employer, you stand to gain as much as the employee does if you assist them in finding new work as soon as possible. It drastically lowers the possibility that you will be the target of legal action.
Therefore, unless the individual was fired “for cause,” you should always think about giving the departing employee a letter of recommendation when terminating them from employment.
It’s in everyone’s best interests for an employee to move on with their life as soon as possible, even if terminating an employee is never a pleasant experience.
Concluding the meeting with a positive note is one approach that can help them in doing that.
You could inform them, for example, if they are eligible to get unemployment benefits. This is a terrific method to assist the employee in making the transition to whatever their future career move will be, barring extremely bad behavior.
Additionally, think about recommending a few more courses, including SEO certifications, sales training, or any other pertinent online education that could raise their chances of landing a fantastic job.
Recommendations like paid surveys or real estate investing, while profitable, won’t enable individuals to instantly replace their income.
However, do offer words of support. For instance, let the worker know that you appreciate what they contributed to the organization and that you are sure they will find a better position somewhere.
They’ve never given it much thought, but depending on their abilities, they might even be better suited for freelancing. For example, someone with technological aptitude could be able to work as a web designer for hire.
Managers and business owners must make the painful and sometimes tough decision to terminate an employee.
Now that you’ve learned what to do and what not to do, you should be prepared to terminate an employee if the need arises.
To make sure things run smoothly and stay out of hot water, adhere to the advice provided above on how to terminate an employee.
By choosing what to include and remove from the termination process, you can customize it to suit your needs. But keep in mind that, in order to make the most out of a highly challenging circumstance, it is essential that you feel as at ease as possible with what you say and do when terminating an employee.
Have a quick question? We answered nearly 2000 FAQs.
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