Need to know how to fire?
Legal procedure for employee termination with sample letter.
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.
Get
rid of your difficult employee once and for all
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