The Basics of Terminating Employees
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.
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