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How To Fire An Employee
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Article 5: No Surprises
Yes, you want to can the employee, but firing someone – and being fired – is wrenching enough without adding shock to the mix.
For that reason, experts say the best advice in firing an employee is that it never be a surprise. If you’ve discussed the problem, given formal notices and warned that discharge could result, the employee is at least partially prepared.
“If the employee knows his behavior isn’t acceptable, firing isn’t out of the blue. That makes it easier now and down the road,” says Ron Miller, a senior attorney in labor and employment law at Chicago-area legal publisher CCH.
Also, CCH advises, don’t bring out the ax when you’re angry. Since anger can cause you to say or do things you didn’t intend – and thereby boost chances for a lawsuit – defuse the situation by immediately suspending the employee while you “investigate” the proverbial last straw, or in reality, calm down.
Plan the termination session carefully, for a time when you are likely to be calm. Gene Fairbrother, ShopTalk consultant for the National Association for the Self-Employed (NASE), suggests late Friday afternoon so the ex-employee has the weekend to salve his ego and start the job hunt in the Sunday newspaper.
In case the meeting goes sour, it’s a good idea to have a witness present to help keep things calm or back your side in court, if it comes to that. The witness might be your company attorney.
Make sure all your documentation, termination letter, final paycheck, any severance check and releases are handy. Find a quiet place where you won’t be disturbed.
And now you’re ready to fire away.
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How To Fire An Employee
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