Don't let a bad employee
take advantage of you. Here's what you should know...
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.
Employee
dismissal and termination procedure. Step-by-step.
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