12 things I learned from a termination
Monday, 16. April 2012 14:32 | Author:admin
You can check out the Spring 2012 edition of the NACBA Ledger for an expanded version of this article:
Several months back, I had the regrettable task of terminating an employee. Always tough, but at least in this case I knew there was no other reasonable alternative. The fit had soured over the years and there was no indication that anything would change, even though I had tried many kinds of intervention. This particular case had the potential to be trouble, so I decided to consult an attorney before moving forward. I’m really glad I did. I learned some things that I want to pass along.
- Make sure the employees personnel folder is current and has all the necessary elements. That was the easy one. I knew that one. But knowing something and being sure it is done isn’t the same thing. I needed to be sure the file contained the resume, employment application, updated and signed job description and documentation to support the termination, i.e. performance appraisals, performance notes, meeting notes, etc.
- Whatever you wanted to do but didnt have time to do, will either hurt you or embarrass you. I meant to document that last incident, but didn’t get around to it. I meant to remove from the file that harshly-worded note from a coworker about the employee in question. I meant to update that job description, but never got around to it. The point is, the file is evidence. Whatever is in there that shouldn’t be or whatever is missing that shouldn’t be, could become an issue if the termination goes to court.
- Do not give a letter of dismissal. Letters become one more piece of evidence. They aren’t necessary. They often get wordy and we tend to use them to either justify our action or cushion the blow–either of which creates subjectivity. Just sit down with the employee and say it.
- Use a Settlement Agreement. This was the first time I had used one and I will recommend in the future that one always be used. It links any severance benefits with an agreement to not bring suit. It’s legal, objective, precise, and it protects the employee and the employer.
- Do not press for the Settlement Agreement to be signed. That would be the first impulse–get the agreement signed right now. But the better part of wisdom is to give them 30 days to sign the agreement. It allows them to process what is happening, consult with a lawyer if they like, and it makes the moment less pressurized–as if we are trying to pull a fast one.
- Record on the Settlement Agreement the time of dismissal, i.e. “2:40 pm.” This creates a time stamp on the official action. Any subsequent negative action by the employee can be measured against the dismissal time.
- Make the meeting short and direct. Be empathetic, but don’t retrace all the steps that got you here. If it could have been avoided, it wasn’t, so don’t prolong the agony. Get it over with–for your sake and the employee.
- Have a witness present. Anything can happen. The employee can respond with anger, questions, accusations, threats, or just tears. Having a witness present protects you from any twisting of words that could be used again you later.
- Minimize interaction with staff following the dismissal. Have boxes handy. Have another trusted employee accompany the individual as he/she cleans out their personal belongings and exits the building.
- Examine your action from every angle: disparate treatment, unfairness issues, lack of proper feedback and opportunity for improvement. Is there ANYTHING you have done wrong that could make this termination ugly? If so, it’s not the right time. Fix it first and reevaluate later.
- Be sure to strictly follow your Employee Handbook. If the Handbook is outdated, update it before you terminate. It will be the roadmap examined by the courts to see if you followed it in handling the termination.
- Rethink Scriptural and flowery language in the Employee Handbook. Our handbook had lots of Bible words and ideas which make sense on hiring day, but which offer a goldmine of subjectivity for a lawyer representing a vengeful terminated employee.
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