Employee Termination...It's No Easy Task!

Although employee termination may not be easy, proper concern for important issues (1) before, (2) during and (3) after the termination meeting decreases the pain, improves effectiveness for all concerned and strengthens your position in case of legal action.

I BEFORE: PRE-TERMINATION CHECKLIST

• Is the employee being terminated for a non-discriminatory, job related reason?

• Can you state the reason in factual, observable or measurable terms?

• Is this the reason that was given to the employee?

• Has the organization's disciplinary program been followed? If not, can you justify your actions against this employee?

• Does the documentation support the reason for the discharge?

• Has the employee been given the opportunity to correct the problem? If there is a major violation, were other employees terminated for committing the same or similar offense?

• Will the termination be a surprise to the employee?...Is he\she aware that a continuation of the behavioral or performance further problems would result in termination? Was there a final warning?

• Are you being consistent? Have employees in similar situations been allowed to remain in the organization? If so, why are you treating this employee differently?

• Have you discussed this employee with the proper individuals? i.e. your manager, someone in Human Resources, maybe your attorney.

• Plan when and where to conduct the meeting. Consider the employee's feelings and right to privacy and confidentiality. For example, do not terminate an employee on his\her birthday or just after the funeral of a Parent. I have seen this occur and the Company's image drops in the eyes of all employees.

II DURING: KEY WORDS--DIGNITY AND COMPASSION

NOTE: Be ready to stop the termination meeting if you learn information during the termination meeting that indicates more investigation is needed. If you have performed properly and it is time for this termination meeting, continue with the meeting. This will happen very rarely. I have only stopped a termination meeting twice.

• Have at least one witness.

• Very early in the meeting (by the 2nd sentence) get to the fact that the person has been terminated. Use the word "termination" or some other equally strong approach. Don't say, for example, "It doesn't look like it's going to work out". The longer you procrastinate, the harder and more awkward it is to advise the employee of the termination.

• Do not become emotional. Do not criticize or argue with the employee. Mention that the decision is final with no room for negotiation. It may be helpful to let the employee know that you have already talked with your manager and he/she is aware of this meeting. Do not allow the employee to become abusive but do allow time for venting frustrations.

• Use compassion to control argument or pleading for another chance. Focus the employee on his\her future attempts to find another job.

• Discuss COBRA, severance, vacation, keys, manuals, tools, credit cards, passwords, reference checks and the removal of personal belongings, outplacement services/resume assistance and work in progress OR have Human Resources handle these issues.

• End the meeting. Arrange any necessary follow-up meetings. Help the person decide what to do next. The termination meeting can be very emotional for the employee being terminated and they may be unsure what to do next. "Do I leave the building, work until the end of the day, get my belongings now or later. Should I call my spouse now or make it a surprise? Since I am in the middle of a shift or a project, do I tell anyone how to proceed or just leave?"

III AFTER: KEY WORDS: CONFIDENTIALITY AND REFLECTION

• Was the meeting effective?...Did the employee respond as expected?...Should anything have been done or said differently?

• Remind all that were involved that they must not discuss the termination with anyone.

• Return the employee's file including any new information for proper storage.

• Make necessary improvements to your documentation process if any weaknesses were identified.

• Did this termination meeting trigger the need for additional management training? For example, did the employee bring up problems they were having such as Harassment, lack of training or other barriers to performance?

What happens if an employee who should be terminated is allowed to remain in the organization?

• Continued low performance

• Lowered morale and productivity of all other employees because a poor employee is "getting away with it".

• Your acceptance of the situation makes other terminations more difficult and hurts your credibility.

• An employee that may be better suited to another organization is allowed to stay where he\she is not appreciated, will not likely be chosen for training, transfers or promotion and will not get the opportunity to reach their full potential.

POINTS TO REMEMBER

The termination meeting is not part of the disciplinary process. Termination is what occurs when coaching, counseling and discipline have not brought improvement. It is evidence that all parties have failed. It does not mean that all parties are to blame but that, as a team, the employee and the organization failed in their attempt to create a productive and successful employee. Well-planned terminations add structure to the workplace and show respect for the effective performance of the rest of your workforce.

Most employers terminate a very small number of employees, so there is no reason to be hasty or reckless. People's livelihoods are at stake and if mishandled your company's hard earned profit can walk out the door with the employee in the event of a lawsuit.