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How To Fire An Employee
Article 6: You’re fired!

Call the employee into your office in a way that won’t tip off other nearby workers.

Get to the point quickly. Tell her briefly that you are discharging her. Recap the reasons, reviewing the warnings she received and the chances to improve. Give the employee her final paycheck and ask her to sign a formal termination letter (reviewed by your lawyer) that spells out the reasons for discharge.

It may be tempting, but, don’t “treat the person disrespectfully or rudely or lose your temper,” stresses Lisa Guerin, an employment law attorney with Berkeley, Calif.-based Nolo, which publishes legal self-help books. “Being fired has a huge impact, so adding to that by being disrespectful doesn’t help. And it could drive the employee to talk with a lawyer.”

Be pleasant, showing sympathy – feeling for – the employee, but not empathy – feeling with – her. That doesn’t mean overstating her performance to make her feel better, which will only make her wonder why you’re firing her.

“Talk in terms of their interests,” recommends Jerry Oakes, who owns Synergy Consultants in the Dallas suburb of Plano, Texas. “They want to get another job and to look like they are in a good light. You can use those things. I let them know I will help as I can. I want to let them save face with their spouse, so I let them resign rather than firing them if I can.”

Tessa Barrientos, who owns a Curves franchise in Dallas, takes a similar tack.

“Work here demands multitasking. Some people can’t do that. I don’t make them feel guilty if they have a problem out of their control. I tell them that they will find another job that will be a better fit for their needs and abilities.”

Even if the employee was semi-expecting to be fired, the reality can be shocking. Don’t be surprised if she doesn’t hear much of what you are saying, gets angry or argues. Patiently repeat yourself and patiently answer her questions.

You must, of course, pay all wages and bonuses earned, plus accrued vacation time. It helps cushion the blow if you give her at least two weeks severance pay as well. Severance can also eliminate most lawsuits if you give the extra pay contingent upon her signing a release stating she won’t sue the company.

When the employee has left, thoroughly document the meeting in writing, what both said, what both did, what was offered. While you might put her personnel folder into an “inactive” file, Guerin advises not tossing it until the deadlines for filing possible lawsuits have passed.
 

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How To Fire An Employee
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