Employee Terminations

One of the toughest decisions a supervisor has to make is when to terminate the employment of a staff member. While this is difficult, the alternative is a manager who procrastinates on this decision and is then viewed by employees as accepting unacceptable behavior, lacking backbone and inconsistent. Whatever you as the manager do today becomes the precedent for tomorrow, so here are some tips about how to make terminations more effective and less painful for all parties involved.

Understand employment-at-will. This phrase means that unless there is a contractual agreement, employees can quit and can be terminated at any time. It does not mean that if you randomly terminate employees, you won’t be liable for any illegal actions. Terminations must always be fair and consistent and employment at will is not a license to make bad decisions.

One concern that sometimes paralyzes managers from acting when realizing an employee should be terminated is the legal and practical implications. When considering terminating an employee, consider these questions:

Is this person a member of a protected class? Federal law prohibits discrimination on the basis of such things as race, color, religion, national origin, sex, age, disability, military service and citizenship. Employees who fall into that category are protected and therefore any decision to terminate should not be based on the above-mentioned items. If you have any concern about this, consult your attorney before terminating a member of a protected class.

Does this person know he/she is failing? Unless there is an issue of gross misconduct with serious business implications (i.e. bringing a weapon to work) an employee should be taken through the steps of progressive discipline with written documentation to back it up. (See September’s H.R. Source, available online.) If you have given the employee fair warning and steps to improve and the employee chooses not to, your conscience will be clear when the decision to terminate is made. Another way to make sure an employee understands expectations is through the use of frequent and honest performance evaluations. “I didn’t know” is not what you want to hear when you are having a termination discussion.

Is this person still in the 90-day introductory period? If so, great! You can reduce your risk if you have determined early on that this person is not going to work out. Cut your losses and move on. It won’t get any better.

Are your termination decisions fair and consistent? This is a very important way to prevent discrimination claims. All employees must be held to the same standards and punishments should always fit the crime.

Is this employee on leave? Be very careful about this one. Employees who are on leave due to the Family and Medical Leave Act, the Americans with Disabilities Act, the military or any other federal statutes should be treated with caution, and, again, an attorney should be consulted before terminating an employee on leave.

Will this termination be viewed as retaliatory? If so, don’t do it. This most often happens with employees who are out on worker’s compensation or involved in a sexual harassment investigation.

Does this employee have contractual (implied or written) rights? Be very careful if you do offer letters or use an employee handbook. The verbiage should never imply long-term employment or any sort of extended commitment to the employment of a staff member.

“Terminate with dignity ... you never want to take someone’s self respect,” says Vivian Seely-Troiano, a local human resource authority. She has several suggestions to make the termination discussion more effective:

• Prepare ahead. Rehearse the conversation. There is nothing worse than a tongue-tied manager who is insecure about what to say. It opens up the possibility to an employee that the termination might be negotiable.

• Be direct. This is not a time for small talk, so don’t beat around the bush.

• Maintain eye contact. Body language plays a big part in communicating your message.

• Succinctly explain the decision and reasons. Don’t ever lie to an employee about a termination decision. Focus on the behavior, not the person.

• Ask for questions. The employee naturally will have concerns about what comes next. Be prepared to discuss insurance, final check status, etc.

• End the discussion. Time for healing. Wrap it up with a genuine comment focusing on the future for the employee. (Hint: Employees often say that their terminations were the best thing that ever happened to them.)

When you determine that it is necessary to terminate, also consider the potential for violence by the terminated employee and take the necessary precautions. Some examples of behavior to look for include extreme anger, paranoia and blaming others. Have a plan if you have a concern.

Terminating an employee is never fun. Following these guidelines will help you handle the process and maintain credibility with your staff.

Libby Anderson is a human resource consultant and trainer. She can be reached via e-mail at edahrsvcs@aol.com.