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Firing
Firing people is one of the most difficult tasks managers face. However, keeping the right people on the team and removing the unproductive person(s) is a critical role of a good manager or business owner.
While a disruptive employee can create various problems in a business, from theft, adding to poor morale, to damaging the firm’s reputation, the individual’s release must be handled with care. In a small company with fewer people, termination is a noticeable event that creates both a temporary void and uncertainty.
First, lay out a framework for deciding whether the employee can be coached to be a better performer or needs to be terminated.
- You should coach a poor-performing employee when they put in genuine effort but lack specific technical skills, have a few specific weaknesses but many strengths, are eager to learn, even if they lack the skill sets needed, embody the business’s culture, and are not jerks.
- If someone is the former, your goal as business manager/owner is to provide coaching and mentorship; there is potential for the employee to perform better. However, having an employee who is the latter would indicate the worker needs to be removed from the team.
- First, define what is not working with the employee and put it in writing. Then, you need to have a well-articulated reason for firing the employee.
Here are some things to ensure the employee termination process is legal and fair.
In today’s litigious world, it is essential to have documentation (emails, deliverables created, on why someone is being terminated so they cannot file a claim of discrimination or wrongful termination.
Be careful to avoid discrimination or any claim of discrimination. Remember, it is illegal to fire an employee because of their race, color, religion, sex, national origin, age, disability, genetic information, or other protected characteristics.
Avoid wrongful termination. If an employee thinks they were wrongfully terminated, they can file a claim with the appropriate federal or state agency and, in some cases, file a lawsuit. This will cost the business time and money, perhaps reputation and other employee morale.
Photo by Kampus Production
- Document the firing process by setting up a formal termination process in advance that is consistently used and carefully documented at every step. This includes conversations regarding performance and giving the employee a chance to do better. Make sure your reasons for termination are legal.
Have an initial honest, open discussion with the employee to raise the red flag about what is not working. Provide examples of the problems, clarify any issues, and discuss how to solve them. This step is critical so the employee is not surprised if they are terminated.
Put the employee on a documented and measurable Performance Improvement Plan (PIP). Then, have regular check-ins to share whether performance is improving as defined in the PIP.
- If the employee is still not performing, identify how you will fill the gap from the person’s role so there will not be a business disruption. The departing person may have responsibilities that need to be accounted for, so you will need to ask other people on the team to cover their role and monitor the person’s email account until a replacement is hired or the duties are finally redistributed.
Photo by August de Richelieu
- Coordinate with HR and Legal to proceed with the paperwork for the firing, including, but not limited to, any legal letters, the employee’s final paycheck and expense check(s), and perhaps severance, depending on our business policies and finances.
- Also, plan the firing for a time and day of the week that is less disruptive to your business schedule. Some recommend terminating first thing in the morning, ideally before others arrive for the day. Consider having a third person, such as your HR leader, in the room observing the firing.
- Be direct and compassionate during a private meeting. Inform the employee of the decision and clearly state the reason for termination. Keep the meeting brief, factual, and respectful.
Your conversation with the departing employee should be simple and to the point; do not say, “I’m sorry.” You need to start with the news as soon as you sit down. Say something like, “We need to have a difficult conversation. Unfortunately, things aren’t working out here, and today will be your last day at the company.”
If the employee argues, do not engage. Rather, end the argument quickly. Say something like, “Unfortunately, this decision is already finalized, so it won’t be productive to go back and forth on it right now.” Have a box of tissues and treat the employee like a human.
Provide the next steps along with documentation that the departing employee can later read. Outline the following steps, including details on final pay, benefits, and company property to return. If applicable, offer assistance such as references or career counseling. Be available for follow-up questions.
Image by Freepik
- Now that the hard meeting is completed help the terminated employee physically transition out. You can offer to help them gather things from their desk as well. You may need to answer some questions about transitioning work or unemployment benefits. It is essential to stay with the departing employee until they leave the building to ensure no technology is touched, business materials and equipment remain behind, etc. Then, you should walk them out, shake their hand, genuinely thank them for their efforts, and wish them the best for finding something new.
- Communicate effectively with other employees so the firing doesn’t negatively impact morale. Keep it brief and have a plan for covering the departing employee’s work, as discussed above. Focus on moving the business forward.
- Consider your hiring practices moving forward. What needs to be changed to minimize future firings and/or make the firing event go more smoothly?
Please share any processes or tactics that you have found to be effective in managing a firing.