By Mel Brown, Ph.D
In response to a call for topics readers would like to see addressed in the column I write for my company, it was suggested that I address what is probably one of the most difficult tasks a manager has to perform — termination of someone’s employment.
Letting an employee go is a difficult situation most managers want to avoid, but every manager should be prepared to do so when necessary. With the right preparation and professionalism, you can get through such a tough task with your dignity and that of the employee’s intact.
Have valid reasons
Before an employee termination occurs, the manager should be sure that he/she has valid reasons for the termination. Dismissing someone based on age, sex, race, religion or national origin is discriminatory and illegal. Even the appearance of discrimination as a reason for termination is subjecting oneself to suit.
The first legal reason that an employer can use to justify the termination of an employee is if the employee violated a “known” company rule. In order for this reason to be upheld in a court of law, the employer will need to prove that: (1) the rule actually exists; (2) the employee knew that it existed; (3) the rule was violated; (4) other employees who committed the same infraction were terminated; and (5) the termination was reasonable punishment for the infraction.
The second legal reason for employment termination is if the employee is unable to perform the job adequately . To be able to defend this reason for termination in a court of law, the employer must be able to prove that the employee was incompetent, that the employer took reasonable steps to try and improve the employee’s performance, and that the employer had addressed the issue in several instances before terminating the employee. In order to prove the employer’s position in this kind of situation, the employer will need to provide documented evidence that substantiates their claim.
The final legal reason for terminating an employment is if the organization is reducing its workforce for economic reasons and it is in the best economic interest of the organization in question.
Selecting the time and place
Once the decision has been made to terminate an employee, arranging the termination session is the first task at hand. The best location is in the manager’s office with the door closed. This indicates the session is for a business purpose and allows the manager to maintain control of the meeting. Once the decision to terminate has been made, the termination meeting should occur as soon as possible.
Breaking the news
The meeting in which the employee is informed of his/her termination should be brief. It is not fair to keep an employee in suspense since he/she can probably sense the tension. Get to the point quickly and make the reasons for the termination clear. An example of how both of these might be accomplished is to invite the employee to be seated, then say to him, “John, I have decided to terminate your employment, and the reason is . . .” Don’t simply tell an employee that he/she is incompetent. Be specific about the reason for the termination and have examples that can be cited.
Once the decision to terminate has been made, it is important to be firm and to let the employee know that while you are willing to discuss why his/her employment is being terminated the decision to terminate is not a subject for debate.
It is a good practice for the supervisor to secure the employee’s final paycheck prior to the meeting to terminate employment. During the early stages of the meeting, the supervisor can ask the employee for all department-issued items (department I.D., keys, badge, etc.) and hand the employee his/her final paycheck. This emphasizes to the employee that the termination decision is not debatable.
Individuals whose employment is terminated for poor performance may register shock initially, but seldom are they genuinely surprised at being fired. If regularly scheduled performance appraisals are conducted, the manager has had an opportunity to discuss job expectation with the employee as well as how he/she is not meeting the expectation. If an effective performance appraisal system is utilized and it becomes necessary to terminate employment, the manager will have copies of warnings, memos and appraisals accumulated over a period of time as documentation for the reason to terminate.
It may be wise in some circumstances for a third party to be present during the termination. In one situation of which I am aware, the terminated employee alleged that the supervisor attempted to kiss her during the termination. Since the two were alone in the supervisor’s office with the door closed when the termination occurred, it was the employee’s word against the supervisor’s. Although innocent of the allegation, it proved to be an embarrassing situation for the supervisor.
Be kind
While some may think it strange to talk of being kind to someone during the termination process, the manager needs to keep in mind that the goal is not terminating the employee, but terminating his/her employment with the organization. There are some kind things you can do during the termination process. Among them are:
1. Avoid lecturing the employee about his/her faults. The employee will not be in a receptive mood, and it is too late for him/her to change his/her work performance.
2. Keep the situation confidential. The fired employee may talk with other employees about the termination but the manager should not.
3. If the former employee is too embarrassed to go back to his/her office and face other employees, arrange a time after work hours or on the weekend for him/her to clear out his/her office and desk. Whether the former employee chooses to clean out his/her office during working or non-working hours, a supervisor should be present.
4. Offer help if you can. Obviously you can’t promise a glowing recommendation, but you can point out the employee’s good qualities to future employers. The employee may have skills or the temperament that would be more appropriate in a different kind of job. If the former employee drove a department vehicle to and from work, the supervisor could ensure that the employee had transportation home.
Conclusion
Terminating someone’s employment is never a pleasant task. However, when performing the task, the supervisor can make it less difficult by remembering to be:
• Professional
• Factual
• Specific
• Brief
• Firm
• Kind
In addition, the termination interview should be conducted with decency, with humanity and with empathy.
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About the author: Dr. Mel Brown is the President/CEO of Mel Brown and Associates. Immediately prior to leaving the public sector to start his own consulting company, he was Executive Director of the Montgomery County (Texas) Department of Community Supervision and Corrections. He began his criminal justice career in the Tarrant County Jail in Ft. Worth, Texas. During his career, he also held positions in prison, juvenile detention, and both juvenile and adult probation.