No one, except perhaps Donald Trump, likes to fire
people. Typically it is a stressful,
scary and upsetting experience for everyone involved. So is it possible that there is actually an “art”
to firing an employee? In a word, yes.
There are not enough fingers and toes in my entire household
to count the number of people I have had to fire over the years. It has never been easy and I fret before each
and every one. But as unpleasant as terminations
are, I have learned a few things along the way that have made the process less
difficult for everyone involved. Here is
my best advice:
Plan the Termination
Well
It is always important to be confident that terminating the
employee is absolutely the right thing to do.
I always seek the advice of others before proceeding and take the time
to make sure I have the facts right. I
make certain I have sufficient documentation to support what I am about to do,
and that there are no other alternatives to firing the employee.
Once I decide to
proceed, I carefully plan out the best time and place to conduct the
termination in order to minimize humiliation for the employee and disruption
for others in the workplace. And,
importantly, I plan to have someone join me in the termination discussion –
this provides another set of ears and eyes and can add to the safety of the
discussion.
Be Committed to your
Progressive Discipline Process
The key benefit to having a progressive discipline process –
where all infractions and issues are logged and reviewed in disciplinary meetings
with the employee – is to help employees know at all times exactly where they
stand in terms of discipline. If done
correctly, by the time you have to terminate someone he or she should have received
multiple warnings and the termination should not come as a surprise. No one likes surprises like this, and a progressive
discipline process ensures that employees know that the path they are walking
is likely to lead out the door if their behavior does not change for the better.
Be Compassionate and
Be Honest
No matter how much it is deserved, losing a job is a
profoundly unsettling experience for anyone.
Knowing that and treating the employee with dignity, respect and
understanding – even if you are not feeling charitable about it at the moment –
is highly critical. Also important is being
completely honest about why you are terminating the employee. Resist the temptation to say it is a
downsizing when the real reason is the employee’s own behavior. This will help the employee to process what
is happening to them and it will help keep the company out of trouble if the
termination is ever legally contested. In
the end, it comes down to the basics.
Follow the Golden Rule. Be nice
and tell the truth.
Help Them Look To the
Future
Once they are let go, employees who respond with anger and
indignation are often likely to suffer depression, to have a difficult time
finding a new job and to take legal action.
The more assistance you can provide – a severance package, not contesting
unemployment insurance, providing a positive reference – the more likely they
will be to focus their energies on their future rather than on retaliating
against you.
Remember Your Other
Employees
Sometimes we focus so much on the needs of the terminated
employee that we overlook the needs of others who are remaining at their posts
and doing their work. Sometimes the termination is a shock and can leave other employees
upset, confused and in a state of mourning.
In such cases, do and say what you can (without harming yourself, the
terminated employee or the company) in order to reassure your employees that
your actions were just, necessary and appropriate, and that you understand
their feelings. But don’t go into
details – everyone will want to know why, how, when and what happened. Don’t over-share. What they need to know is that you care about
them and are a fair employer.
Document Everything
Employees who are fired can become emotionally and financially
stressed to the point that they will sue you even if there is no basis for their
lawsuit. Even if you’ve done everything correctly, you could still
find yourself in a court of law. And if
you do, as in every HR challenge, the best defense is a really well prepared
defense. By documenting all of the
conversations and actions that lead to the termination and having a clear
record of the termination itself (including a statement by the person who
participated in the termination discussion with you), you will be better able
to press your case and successfully defend your employment action.
Firing people is never easy.
That’s why one of my proudest professional moments occurred when someone
I had terminated called me six months later to thank me for the way I conducted
the termination and for helping him move out and move on. I’ve never forgotten that experience and it
is why I strongly believe that firing someone is an art – and a very important
one to learn.
By Claudia St. John, SPHR, President – Affinity HR Group
