How To Handle An Employee Termination

When a situation requires you to terminate an employee, it may not be why you are doing it but how you do it that becomes the most important issue. In general, business managers, supervisors and executives do a rather poor job of dismissing employees. Their shortfalls or misteps can sometimes lead to bigger problems.

The catalyst for a wrongful discharge claim, brought on by a disgruntled terminated employee, often can be an inappropriate handled notice of termination. The most common employer errors: a notice that is poorly timed, poorly stated and/or too publicly handled. A discharged employee who feels that he or she has been humiliated, lied to or provoked, is much more likely to sue.

In some instances, the decision to dismiss may not be as critically important as how that decision is carried out. Here are some recommendations that you might like to keep in mind.

• Review all proposed dismissals at a centralized, higher management level before they are implemented.
• Seek clearance from legal counsel.
• Standardize the methods used for termination.
• Do not vary in the application of company policies.
• Give the reasons for the discharge.
• Be honest, straightforward and complete.
• Recognize that timing, tone and confidentiality are important.

In addition, here are some thoughts regarding severance pay. When possible and appropriate, you may want to consider providing:

• a reasonable amount of notice prior to dismissal.
• a severance "package".
• continuation of benefits for a reasonable period of time.
• outplacement counseling.

Such practices help ease the transition for dismissed employees, help maintain the morale of employees continuing in the workforce, lessen the likelihood of legal challenges being filed and help build a compelling case that the employer has acted fairly.

There is a very good article about employee terminations, written by an organization called Holland Associates, that is worth reading. The article lists a number of guidelines to follow when making the decision as to whether to terminate as well as conducting the termination. The article offers some great tips.

Comments

[JustJobs.com Editor]

I think a standardized termination procedure that is applied to all equally is very important and probably the most likely to steer away lawsuits. In this era when so many individuals get their pink slip and head straight to their attorney, you need to have your termination practices and tactics airtight.

Juan Rodriguez
Editor, www.JustJobs.com

[L. Galligan]

I was recently terminated because the general manager wanted a friend of his to take my position. I came into the office four days prior to Christmas and was told that I was terminated and handed a check which did not include the day I was terminated. Is this legal in Colorado? We were never allowed to take a lunch break nor breaks. I generally worked 8-9 hours without the breaks. How do I report this employer?