The correct way to fire someone
Dismissal of an employee can be the hardest thing to do, but if you follow these tips, you can do the job.
Dismissal of a worker – look someone in the eye and tell them they are no longer a source of income – is one of the hardest things you’ll ever have to do as a business owner. It is often difficult for the person giving the bad news, as it is in the person who receives it. However, it still remains to be done, especially if you have someone who is “poisoning the well” and bring all activities with them.
Assuming that this person is “at will” employee – someone who does not have an employment contract that guarantees employment for a period of time – here are ten tips to help you eliminate the evil of apples cancer your business with a “zero low risk “of being sued for wrongful dismissal.
1. Check your last comments. If you have given very good reviews that employee performance and increasing every year, it is natural that he was surprised when he called in his office and give them the boot. Look back at your relationship with that employee, and if they were to send positive signals also not dismiss the employee immediately! Instead, start changing signals and let them know in no uncertain terms that are not “living in Kansas.”
2. Give them a warning. Sit the employee in his office, explain that you are not satisfied with their performance and give them a limited period of time (I’d say 30 days) to change things. Be very clear that if they continue to “fill the void with their bad behavior,” they have no choice but to terminate immediately. Prepare a “memo to file” detailing what the employee said.
3. Focus on specific behavioral objectives. Give the employee a list of behaviors that are unacceptable, and tell them exactly what to do to return to their good graces. Do not allow the employee to fall into a discussion that focuses on something other than what has covered everything.
4. The fire at the beginning of the week and never on a Friday. Assuming that the employee does not change things for the better, take off the work week. Never fire someone on a Friday, because then you can ‘stew it, “the weekend and come to work the following Monday ready for a fight, or worse.
5. Keep it short, sweet and to the point. Do not get caught up in the emotions of the employee – a box of Kleenex handy on your desk. Having a witness present at the meeting if the threat of revenge employees. Then do the following:
Tell the person being completed and when they are supposed to leave the office.
He explains that the dismissal was “for cause”, but avoids going into detail about the reasons for the termination. You do not want to start an argument. Suffice to say that the employee has not achieved what I wanted to achieve in his last “performance evaluation.” If objects or gets defensive employee, just say “I’m sorry, but my decision is made.”
Explains how the severance pay (if any), which will provide and what other benefits they receive after leaving work.
Explain what you will say if someone call and ask for a reference work. It is important to consult with an attorney first correct use and accept the exact terms.
6. Do not allow the employee Linger. Unless there is a compelling reason to keep the employee for a few days, I tell them they are leaving the premises immediately, after a brief stop at the office to collect personal belongings. Escorting the employee to the door, so that the employee did not fly all company files, the recycle bin of the computer data or change the passwords on your computer without your knowledge. Better yet, have another employee to change while the other employee in his office, so they can not return to his office and cause havoc with your computer system. Collect all the keys of the office and credit card business employee might have.
7. Make a liberation, and give the employee an incentive to sign. If the employee is a minority or a woman has more than 40 years, I would recommend asking them to sign a disclaimer. Not yourself write – is a very specific language with a release form must contain in order to have the court, especially if the employee is likely to claim “discrimination based on age” Ask your work. right lawyer to draft the required version before the “exit interview” – which should take about an hour of time the lawyer.
Offer something in exchange for the employee signing the authorization, in the following terms: “You are entitled to severance pay of one week, Mary, but if you sign this release form, I will be happy to extend this to three weeks. Talk with your attorney if you like, and let me know what you decide to do. “you can not force an employee to sign a release, but you can give them a strong incentive to do so. In addition, giving the opportunity to speak with his lawyer shows that the employee is not worried about being sued.
8. reassign the employee’s duties completed quickly. When the employee leaves the scene, call your other employees together, tell the employee no longer works for the company (but not elaborate), and reassign their tasks to other employees. This will prevent an exit “rumor mill” and will inoculate workers against the negative calls or emails, you may receive the terminated employee.
9. Do not fight the employee’s request for unemployment benefits. If it does, it will likely be a hearing will be transcribed by a court reporter. No matter what you say during the hearing, his former employee may grant benefits anyway, and if you say something out of place, you just give your ex-employee “room” in court for unfair dismissal.
And the most important tip. . .
10. Getting the job. There is only one thing worse than dismiss an employee who is likely to be nervous, angry or violent, and does his fire. Take an employee who does not perform or cause havoc with your business poisons from your workplace in two ways: It allows the harmful behavior to continue, and sends signals to other employees who may have a similar behavior.