Pdf 10 Dos And 10 Don Ts Of The Terminating Process

When terminating an employee, things can be rather touchy, and there is room for mistakes. The entire process involves legal and personal complexities that can impact your business, but understanding the playing field can help safeguard everyone involved. Luckily, there are other ways you can come to understand these guidelines just as well without going through courses such as the Master of Laws (Business Law) online. This article will describe what you should and shouldn’t do as an employer during a termination. Firstly, some important legal and ethical considerations exist when terminating an employee. While some policies may be stricter than others, it’s always good practice to treat everyone fairly to avoid any legal troubles.

Make sure that employees understand their job responsibilities and performance standards from the get-go. Feedback also ensures that you avoid surprises when termination occurs. It is also essential to be clear and constantly update job descriptions to have something specific in writing to reference. If you’re up for the extra effort, you can also keep records of the employee’s work history. Maintaining records of any performance issues, disciplinary actions or other incidents that are leading up to the termination is critical. These records serve as evidence in case of any disputes while also providing an accurate account of events leading to the outcome.

Just ensure that you keep all details in a clear format that also includes the dates, times and names of individuals involved in the incidents. It is crucial for employers to have defined processes in place for handling employee terminations as outlined in their policies and procedures. If you can follow these guidelines as per company policy, it means you’re going to be consistent and fair throughout the process. It will help reduce stress on your behalf, knowing that you’re following the best laid-out plans and employees won’t be up for any nasty surprises. Terminating an employee is never easy. It’s a sensitive process that employers must handle with empathy and adhering to strict legal guidelines.

One misstep can have negative legal ramifications, damage your company’s reputation, and create a hostile work environment. This blog post aims to demystify the termination process, providing you with essential “do’s” and “don’ts” to ensure you stay compliant and minimize potential risks. There are two types of employee terminations: Voluntary terminations are by far the easiest to deal with. Employees initiate the process and resign. Simple as that.

These types of terminations can be invaluable, as exit interviews allow the company representatives to have a candid conversation and gather information to improve the organization. Involuntary terminations, on the other hand, are more delicate and must be handled discreetly for two reasons: Before terminating an employee, a manager must carefully prepare to prevent misunderstandings and accusations of illegality. Handling the actual firing session must be done with care. How you treat the person could determine if he or she feels wronged enough to file a lawsuit — even if it has no merit. Preparing for a termination session should include these common-sense do’s:

It’s stressful having to let an employee go. But keep in mind that it is your right to fire underperforming or policy-violating workers as long as you have: Knowing you are “in the right” will make the task easier. As the HR Solutions Manager of ComplyRight, Jaime brings her multi-product management experience to forward-thinking HR processes and solutions. Her career in HR began in 2007 as an HR manager at a small marketing firm. Extremely passionate about HR, she is full of ideas to improve HR in small businesses.

She is focused on developing next-generation products to replace traditional HR solutions, making HR management easier for employers. FUN FACT: Jaime enjoys shopping for shoes and handbags, but she is also highly competitive against her friends in their fantasy football league. Termination is a frightening word and one that is stressful to both the employee and the employer. For employers, terminating a subordinate is something where many try to take the easy way out, but there are many things that can go wrong when terminating someone if certain steps are not taken. Emotions, circumstances, the future of the company and the person being terminated are all factors that come into play. There are right and wrong ways to go about the termination process, but with the proper preparation and tactics, termination procedures can operate smoothly.

Preparing employees for success within the company starts by communicating clear and concise work expectations. Colin Brooks, managing director with Brooks Restaurants Inc., starts off his new hires with an employee handbook that details the policies maintained by the company. “We train our managers to set clear goals and expectations for all new hires,” said Brooks. “The employee handbook is given to each new hire and clearly indicates performance requirements and the disciplinary process.” Before terminating an employee, think carefully about the reasons why you are letting them go, where they failed to meet expectations and always give them some form of warning. “Managers must always document all bad behavior and poor work performance for future use,” said Alex Salguerio, president and CEO of Savannah Restaurants Corp.

“We always try to salvage all employees through additional training and counseling. If that does not work, then it is necessary to make a final decision on termination.” Brooks Restaurants Inc. uses a progressive disciplinary process before making its final decision to terminate. Brooks’ process consists of verbal warnings followed by three written warnings within a three-month span. By honoring a 90-day probation period, the employee understands that, if they are not able to meet expectations, harsher consequences will follow.

Industry experts advise managers to implement a Performance Improvement Plan (PIP) during the probation period. These PIPs are a great opportunity for struggling employees to succeed or redeem themselves without being penalized for previous performances. More specifically, these plans should be made available to the employee in question, highlighting how they can better improve themselves and setting a strict goal path for the employee to follow. There’s no easy way to fire someone. Even when the decision is justified, the conversation can be uncomfortable, emotional, and deeply personal. Most managers dread it, not just because they’re unsure what to say, but because they understand what’s at stake.

A poorly handled termination doesn’t just affect the person being let go. It can shake the confidence of the entire team, damage trust, and raise questions about how the company treats its people. Ethical termination practices help protect more than just legal interests. They reflect the organization's character, leadership, and values in moments when those things matter most. “The key to effective, human firing is to focus on how you treat people during the process.” — Joel Peterson, former Chairman of JetBlue Terminating an employee is more than a business decision; it's a human one.

How it's handled can have a ripple effect across the organization, influencing morale, trust, and even long-term retention. When termination is conducted with clarity and respect, it sends a message that people are valued, even in difficult moments. It reinforces accountability while maintaining dignity. And it shows that leadership is willing to do the hard things the right way. Employee termination is a challenging and often uncomfortable aspect of managing a business. It’s crucial, however, to navigate this process carefully and adhere to the law to avoid potential legal issues and protect your organization’s reputation.

In this blog post, Matthew Miklave of the Law Office of Matthew T. Miklave explores the dos and don’ts of employee termination, highlighting key steps and potential pitfalls to help you make informed decisions while staying compliant with employment laws. Before initiating any termination process, review your company’s employee handbook and established policies. Ensure that you follow any guidelines or procedures outlined for terminations. Consistency in applying your policies can help you avoid discrimination or unfair treatment claims. Maintain thorough and accurate records of an employee’s performance issues, including written warnings, performance improvement plans (PIPs), and any relevant communication.

This documentation can justify the termination decision and protect your company against wrongful termination claims. When delivering the news of termination, do so in a private and respectful manner. Be clear about the reasons for the termination, and provide any necessary information regarding final paychecks, benefits, and the return of company property. Avoid confrontational or aggressive language during the termination conversation.

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