Terminations are the hardest things HR professionals and supervisors have to do — and probably the most legally dangerous. One wrong word can trigger a lawsuit. To handle terminations well, you need to keep calm and communicate your message without escalating the tension.
Do you and your management team know all the right moves when it comes to firing? If not, you could be facing a lawsuit …
Here's a 10-step process:
1. Be prepared. Review the facts ahead of time to make sure the termination decision was sound. Document legitimate business reasons supporting the action. Ensure the termination won't breach contractual obligations and that people closest to the situation will confirm the underlying facts. Prepare a meeting script so that when emotions become raw, you can stay on message and cover all the issues that need to be addressed.
2. Determine the right place. Don't add to the employee's embarrassment by meeting where others might see or hear what's going on. Select a location where there will be no interruptions. If the employee becomes argumentative, you may need to get up and leave once you've communicated the decision. For that reason, don't use your own office.
3. Have a witness. If another observer is present, the employee will have less opportunity to later make false accusations about events that occurred during the meeting. The witness should be a manager — one who is not emotionally invested in the termination.
4. Don't debate the decision. You don't need the employee's agreement that the termination is justified. Just communicate the decision. Refuse to engage in any argument over its merits.
If the termination is because of performance reasons or misconduct, the employee should already be aware of the reasons behind the decision. You gain nothing by trying to convince the employee that he or she deserves to be fired. Such a discussion will only ratchet up the tension.
On the flip side, if the person is being fired for performance, don't offer compliments on aspects of his or her work. Doing so may make you feel better, but it will only infuriate the worker because it will appear that he or she is being fired for no reason.
5. Focus on transition issues. If the employee has company property, make arrangements now for its immediate return. If the employee has a noncompete or other continuing obligations, inform him or her of your expectations. Make arrangements for removal of the employee's personal belongings. The focus should not be on an amicable separation between the parties.
Terminations are the most stressful and legally dangerous moment for any HR professional or manager. Just one mistake during the process — a discipline error, documentation slip-up or the wrong words at the termination meeting — can spark years of litigation. Plus, you have to deal with the emotional fallout … risk of violence … and co-worker response. On Tuesday, September 13, put an end to termination anxiety by joining us for our newest webinar, How to Fire 1 Person or 50 — Without Lawsuits or Drama.
6. Handle final pay. In some states, when an employee is involuntarily terminated, the employer must pay all earned and unpaid wages within 24 hours after the employee's demand. To avoid any potential dispute over when a demand was made, most employers simply have the final paycheck available at the termination meeting.
7. Know records laws. Some state laws permit terminated employees to request copies of their personnel records. Know the law in your state. Review these types of requests with your legal counsel.
8. Consider severance. When severance benefits add up to a significant amount, they should be conditioned upon an agreement releasing the company of any and all legal claims. Employers must meet various legal requirements for such releases to be enforceable. Work with your legal counsel to make certain your release agreements are enforceable.
9. Document the discussion. After the meeting, you and the witness should document what happened. If you did a good job of preparing a script and sticking to it, you should be well on your way to completing your documentation even before the meeting begins.
10. Maintain confidentiality. Resist the urge to use this event as a lesson to other employees — or to put to rest rumors about why the employee left the company. With the exception of those who have a legitimate need to know more, employees and customers should simply be told that the person no longer works for the company.
Final note: Treating departing employees with dignity and respect will go a long way toward minimizing the inevitable tension that exists when communicating the termination decision. Making a plan and sticking to it are the keys. By doing this, you will avoid the traps that often cause termination meetings to be more stressful and combative than they need be.
Source: Challenger, Gray & Christmas study
Attorney Anniken Davenport will provide a clear explanation of what HR and supervisors must do to prepare for and carry out a termination.
In this 75-minute, interactive webinar, Anniken will give you definitive, practical guidance on: - The best way for supervisors to document discipline and performance to support legal terminations
- The correct step-by-step protocol for termination meetings (where, when, with who and what to say)
- What must ALWAYS be said during a termination … and what must NEVER be said
How to use a well-written severance agreement to avoid lawsuits- Simple words that ease tension and prevent arguments and violence during the firing
- The best day and time of the week to terminate groups of employees versus individuals
- How WARN and mini-WARN laws work when laying off large numbers of employees
- When and how to contest unemployment benefits
- Plus, answers to your specific questions on termination policies and procedures!
Hirings — and, even more so, firings — are the biggest flash points for employee lawsuits. Now is the time to prepare yourself and your supervisors for the roller coaster of emotions … unpredictable actions … and legal risks that inevitably follow terminations. Join us on September 13th.
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