Terminating employees is one of the least desirable aspects
of being a small business owner or Human Resources Manager.
Nonetheless, it is a part of your job if you hold either
position. Therefore, you must understand as much as possible
when it comes to terminating employees to do it sensitively
while avoiding legal troubles.
The Concerns of Terminating Employees
For many people, even the thought of terminating employees
is undesirable. After all, once you have worked with someone
for a time, you get to know him or her on a personal level.
You may know that person’s hardships and struggles,
and you may know their family. Just thinking of firing
that person and placing an extra load on him or her can
be bothersome, even if you know the employee should be
fired.
Besides the emotional stress of terminating employees,
you must be wary of lawsuits. In our current sue happy
world, it only takes one small mistake to find yourself
going to court over a wrongful termination hearing. Therefore,
it is important to follow the proper procedure when terminating
employees.
Always Document When Terminating Employees
The first rule of thumb when terminating employees is
to document. As a rule, you cannot document enough. Before
you reach the point when termination is necessary, you
must document all problems you have had with the employee.
Describe, in detail, all actions and behaviors that lead
to the employee's discipline. Every incident should include
the date it took place.
Following each incident, you must list out the actions
you took to reprimand the employee. Then, you must notify
the employee that you have placed paperwork in his or her
employee file and this person must sign the paperwork to
show that he or she has read it. If the employee refuses
to sign, document this fact as well and have another supervisor
sign that he or she witnessed the employee’s refusal.
Cover Yourself When Terminating Employees
When terminating employees, you must always take care
to cover these basics. Not only must you document the problems
you have had with the employee, but you also must prove
that you effectively communicated your expectations to
them. This means that you should also document all training
you have provided to the employee as well as all meetings
you have had with him or her. To do this, draft an employee
warning letter each time you have a problem with that person.
This letter is similar to an employee termination letter.
It briefly outlines the problems you are having with the
employee and spells out what will take place if the employee
fails to correct his or her behavior.
By providing substantial documentation and following proper
procedures when terminating employees, you have a better
chance of enjoying a smooth transition without concern
of retaliation or a negative lash back. Therefore, it is
well worth the time to do properly.
How
one bad employee turned me into a firing expert
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