4 Quick Tips To Avoid Termination Nightmares
One of the greatest liabilities employers face is when terminating an employee. Treading into the termination zone is a tricky process that all too frequently becomes a nightmare that drains time, energy and money. We’ve complied 4 simple tips for avoiding a termination nightmare and reducing your employer liability.
Make Sure You’ve Done Your Pre-Termination Diligence
Before terminating employees, you must be confident in your decision, and you must be sure you’ve cleared the path for a clean termination. If it’s a disciplinary issue, have you warned the employee? Have you made it clear to the employee what your expectations are and given them a chance to improve? The best employers seek to create the greatest employee on the planet, and/or set up a clean termination simultaneously.
If its performance or behavior, be a good coach and give the employee a chance to correct the situation and document your efforts. Be a coach, but be a firm coach.
Consider all Surrounding Issues
Too often, employees that have become a problem will have laid a path of destruction in their wake. Wage and hour complaints, previous injuries, physical or mental accommodation requests, unpaid overtime or wages are many times the precursor to termination. If there are any unresolved issues that may interfere with a termination, be sure to get them under control before you take any employment action.
Seek wise counsel before terminating any employee who has requested accommodation, or recently experienced of a workplace injury. Never terminate a pregnant employee or previously injured employee.
Don’t Hesitate When the Decision Has Been Made
Employees that have become a problem through performance or behavior, will continue to create problems that increase exponentially if not dealt with in a timely manner. There is no need to drag a poor performer along if you have done your homework and given them a chance to improve.
Don’t allow a mediocre or problem employee to expose your firm to more liability or hurt productivity and morale. Terminate wisely but terminate timely.
Make it Short and Avoid Ambiguity
The actual termination process should be short, to the point, with no room for argument or discussion. Once you have made the decision, choose the time and set up a private meeting, with witnesses, if possible. Get to the point and let them know that today is their last day. Don’t ever allow an employee to control a termination and never make ambiguous statements. If appropriate, tell the employee exactly why you are terminating them. If not, then terminate “at-will” with a simple statement like, “it’s just not working out”.
Make it short, sweet and to the point. Employees should never be surprised that they are being terminated.
To summarize, employers need to proactively manage employees. Consistent performance management and documentation will go a long way to greasing the path toward a clean termination. Termination should be a rare event, if you are doing your best to hire right, manage well, and motivate successfully. When it does need to happen, be cautious but be deliberate in your actions.
Feel free to call on the experts at Infinium HR for any termination that might have extenuating circumstances. We’re here to help.
