Terminating employees is one of the least desirable
aspects of being a small business owner or Human Resources
Manager. Nonetheless, it is a part of your job if you
hold either position. Therefore, you must understand
as much as possible when it comes to terminating employees
to do it sensitively while avoiding legal troubles.
The Concerns of Terminating Employees
For many people, even the thought of terminating employees
is undesirable. After all, once you have worked with
someone for a time, you get to know him or her on a
personal level. You may know that person’s hardships
and struggles, and you may know their family. Just
thinking of firing that person and placing an extra
load on him or her can be bothersome, even if you know
the employee should be fired.
Besides the emotional stress of terminating employees,
you must be wary of lawsuits. In our current sue happy
world, it only takes one small mistake to find yourself
going to court over a wrongful termination hearing.
Therefore, it is important to follow the proper procedure
when terminating employees.
Always Document When Terminating Employees
The first rule of thumb when terminating employees
is to document. As a rule, you cannot document enough.
Before you reach the point when termination is necessary,
you must document all problems you have had with the
employee. Describe, in detail, all actions and behaviors
that lead to the employee's discipline. Every incident
should include the date it took place.
Following each incident, you must list out the actions
you took to reprimand the employee. Then, you must
notify the employee that you have placed paperwork
in his or her employee file and this person must sign
the paperwork to show that he or she has read it. If
the employee refuses to sign, document this fact as
well and have another supervisor sign that he or she
witnessed the employee’s refusal.
Cover Yourself When Terminating Employees
When terminating employees, you must always take care
to cover these basics. Not only must you document the
problems you have had with the employee, but you also
must prove that you effectively communicated your expectations
to them. This means that you should also document all
training you have provided to the employee as well
as all meetings you have had with him or her. To do
this, draft an employee warning letter each time you
have a problem with that person. This letter is similar
to an employee termination letter. It briefly outlines
the problems you are having with the employee and spells
out what will take place if the employee fails to correct
his or her behavior.
By providing substantial documentation and following
proper procedures when terminating employees, you have
a better chance of enjoying a smooth transition without
concern of retaliation or a negative lash back. Therefore,
it is well worth the time to do properly.
Our
recommended employee termination procedure.
Legal and fair.