Why
some businesses almost always have problem employees. ** Includes
how to terminate.
Why is it the worst employees, the ones that you simply must
fire, are always the ones most likely to sue you? Many small
business owners and Human Resources Managers find themselves
asking this question. They must know how to terminate an employee
while limiting their liability if the case goes to court. With
the sue-happy nation we live in, it is easy for a terminated
employee to bring a case against you and claim that you had no
real ground for termination. In fact, the employee may claim
that you discriminated against him or her. This can get you in
both financial and legal troubles. Therefore, you must know how
to terminate an employee properly to keep yourself out of hot
water.
How to Terminate an Employee Step 1: Document
The first step you need to take when terminating an employee
is to document everything. You may think that writing down every
little detail is time-consuming and tedious – and it is.
Nonetheless, it is necessary. Pay attention to details when documenting
problems. This can be a life saver if legal troubles follow the
termination. Make sure you write down everything that took place,
including the situation, the time it took place, and the actions
you took to correct the problem.
How to Terminate an Employee Step 2: Discuss it with the Employee
In step two, you must discuss the issue with the employee. During
your discussion, you must tell the employee what he or she did
wrong, tell him or her the actions you will take, and warn him
or her of the consequences if the action reoccurs. Document this
discussion and have the employee sign paperwork proving you addressed
the matter and that he or she is aware of the outcomes.
Sometimes, an employee will refuse to sign this documentation.
If this is the case, have another supervisor sign as a witness
to your discussion. If there are no other supervisors, document
the date and time and note the employee refused to sign.
How to Terminate an Employee Step 3: The Exit Interview
If you have completed the first two steps in the termination
process and the employee still is not working up to your expectations,
it is time to begin termination proceedings. To do this, you
will need to coin an employee termination letter that details
the reason for dismissal and the effective date of termination.
It should also include whether the employee is eligible for rehire
and any benefits that he or she may or may not still receive
after termination. Finally, sit down with the employee and discuss
the termination letter. Keep the exit interview brief and avoid
saying too much, as anything you say can be used against you
later if the employee decides to file a lawsuit.
What's
next after deciding to terminate the employee
|