Having to terminate is likely one of the most challenging responsibilities of a manager. Here are five best practices to help make the transition less painful for employee and employer, and minimize backlash and confusion.
1. Ground your decision to terminate in fact (not emotion)
To avoid legal backlash or problems, your reason for terminating an employee must have a basis in provable fact. If you try to fire someone based on your emotions, opinions, or personal bias, you could wind up being sued—or worse.
2. Document, document, document
Establishing a good documentation process for each employee will play a critical role in establishing the basis for termination. It’s best to start the documentation on the first day of employment, but you can use emails, meeting notes, and other company documentation to create a timeline. Document specific events and incidents of concern in live time so there is no need to recreate in the future when memories have faded. Hard facts are much easier to leverage against complaints made by a former employee than conjecture.
3. Meet in person, and be prepared
Taking the easy way out—informing an employee by phone, text, or email—will only benefit you in the short term. Terminations should occur face-to-face. Yes, this is particularly challenging in our post-pandemic, virtual world. It may not be possible, but DO consider the in-person meeting as an option.
When you meet with the employee, be prepared with all necessary documentation and relevant termination paperwork. Keep the meeting short and to the point. Consider having a third person in the room to act as a witness and offer additional support should either the firing manager or employee need it.
4. Understand relevant employment laws
Depending on your state, industry, and the size of your organization, employment laws may vary. It is important to understand relevant laws to ensure you have done due diligence and that you are protected legally. Compliance is key to avoiding potential legal action after the termination. Better to have a brief conversation with an attorney in advance than a two-year mediation after the fact.
5. Manage morale
Communicate with your other employees following a termination. This is the simplest way to get ahead of rumors and gossip and manage morale. While you can’t—and shouldn’t—discuss the specifics surrounding the termination, it is important to reassure your team that the termination was necessary. It can be helpful to maintain an open-door policy so employees feel able to discuss their concerns with you.
When terminating an employee, you must use your best judgment, act on fact, and proceed with compassion, respect, and clarity. If your company needs to establish and implement efficient termination policies and procedures, email us today. We have the experience and tools you need to put you in a positive position when termination becomes necessary.
Want to learn more about how to survive saying, “You’re fired”? Check out my Lorman® course, available as an OnDemand presentation or MP3 audio download.
