Jan 26, 2023 • 12 min read
Firing an employee is one of the most difficult things to do as a business owner as your employees often become a big part of your team and life and it’s hard not to empathize with them. However, sometimes you’ve got to make some really hard decisions to protect your company’s interests, as well as your other employees, and in some cases, termination can be the best way to do this.
Termination is a final resort after you’ve tried verbal warnings, mediation, written warnings, a performance improvement plan, and consultations. Some of the things that can be cause for termination include irregular attendance, theft, sexual harassment, physical or verbal altercations, damage to company property, poor performance, and an inability to comply with company policies and regulations. So how do you fire an employee? We’ve put together some dos and don’ts for you to break the bad news to make sure it is fair, effective, and professional.
You’ll learn:
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Before firing an employee, make sure you have followed all legal regulations and policies. This includes making sure you have met the required notice period of time, having the proper paperwork ready, and knowing how much money you are entitled to pay out. Make sure you are knowledgable about the employee’s severance package and have proof of performance issues as well as documented performance feedback from managers and supervisors.
Make sure you understand why you are firing someone. You don’t want to fire someone because you feel like it or just because you think it’s convenient. If you do decide to terminate someone, make sure you have documented everything and need legitimate grounds for termination. Documenting everything helps protect yourself legally.
Don’t forget to document everything in case there are questions later about whether you did everything correctly. For example, take photos of the person being fired, the documents you signed, and anything else that could help prove that you followed protocol.
After you’ve terminated an employee, make sure to follow up and finish things off properly in line with your company culture. Send a formal email confirming the termination, send a copy of the termination letter to the employee, and give them a final paycheck.
If you haven’t already done so, make sure to sign off on any necessary forms and documentation. Also, make sure to keep copies of everything you sent out. Documentation is extremely important during employee termination and can protect the company if there happens to be a dispute.
Employee termination is a serious business decision and you need to make sure you take your employee’s feelings into account during the termination process. This is difficult news for anyone to hear so try to be as professional and direct as possible while showing empathy.
1. Make sure there is no one else around.
You don’t want to make a scene for obvious reasons. You don’t want to embarrass anyone. And you certainly don’t want to make yourself look like the bad guy. So, pick the best time and place to fire people. When everyone is busy working, nobody will notice what you’re doing.
2. Give them enough warning.
If you give your employees too little advance notice, they’ll feel blindsided and might even blame themselves for whatever happened. If you give them too much notice, you could lose your leverage over them. Make sure they have been aware of their job performance or poor behavior and that they were given adequate feedback over time.
3. Be honest about why you fired them.
Don’t say something vague like “I’m sorry.” Tell them exactly what went wrong. Maybe you didn’t follow up on their performance review request because you forgot. Or maybe you just realized that they weren’t qualified for the job anymore. Whatever the reason, tell them the truth.
Conferences rooms are great locations to hold meetings. They are often quiet, private spaces where people can discuss sensitive topics without being overheard. But there’s one important caveat about conference room usage: employees must always be dismissed in front of everyone else.
The reason behind this rule is simple: it makes sure no one gets fired in public. If you want to make sure that doesn’t happen, simply ask everyone to excuse themselves while you talk to the person about why he or she is losing his or her position.
Employees should never be dismissed without warning. This includes firing someone over email, calling him or her into a meeting, or having a colleague walk up to the desk and tell the person himself or herself. These types of firings are seen as rude and disrespectful.
This is especially true when it comes to dismissing an employee in front of others. You might think it’s okay to fire someone in front of colleagues, but it isn’t. In fact, it’s probably best to avoid doing it altogether. There’s nothing worse than seeing someone lose his or her job in front of others.
If you do decide to fire someone in front of others you run the risk of creating a hostile work environment.
A better approach is to use an exit interview to provide constructive criticism. Exit interviews are a great way to give positive feedback privately.
Make sure the conversation is confidential!
If you’re planning to let someone go on a Friday or during one of the holidays, it might be best to delay the firing process. A recent study found that people are less likely to be fired on Fridays and during holidays.
The findings come from a survey conducted by CareerBuilder and Harris Poll. They asked 2,500 adults about their employment history and how they felt about being fired. The respondents were split into three groups based on whether they’d been fired within the previous six months, had been fired within the previous 12 months, or hadn’t been fired at all.
When the researchers looked at each group separately, they found that people who had been fired recently were much more likely to say they missed out on important events in the future. For example, those who had been fired within the past six months were 20% more likely to say they didn’t plan to attend family gatherings over the next six months compared to those who hadn’t been fired. Those who had been fired within 12 months were 21% more likely to say the same thing.
Why does this happen? Perhaps because we feel guilty when we’ve been fired. Or maybe we think our boss won’t want to give us another chance. Whatever the reason, it seems like letting someone go on a Friday could lead to missing out on some big moments in their lives.
The law says you cannot fire an employee without giving him or her proper notice. This includes terminating someone while he or she is taking parental or medical leave. You must provide one week’s notice for most employees, and three weeks’ notice for those in management positions. If you do not give the required notice, you could face penalties including fines of up to $1,100 per day.
If you are unsure about whether you are legally allowed to terminate an employee, contact a labor attorney immediately.
When it comes to terminating an employee, there are many things to consider. You want to make sure everything goes smoothly and you avoid legal issues down the road. Here are three tips to help you do just that.
1. Have a Witness
The most important thing to remember about firing an employee is that you must have a witness. If you don’t have one, you could find yourself facing a lawsuit later on. This is especially true if you fired an employee for cause. In such cases, you might even face criminal charges.
2. Document Everything
You should document every aspect of the firing process. This includes documenting the reason for the termination, how long it took to complete, what happened during the meeting, and anything else that might come up. You’ll want to keep copies of emails, notes, and any other documents involved.
3. Be Honest
Don’t lie to your employee about why he or she is being terminated. Even if you think it’s best for everyone involved, lying won’t end well. Your employee needs to know exactly why he or she is losing his or her job.
Don’t let your emotions cloud your judgment. You don’t want to make a rash decision because you are angry or upset. If you do, you might end up making a mistake that could cost you money. Instead, take some time to think about what you want to say and write down your thoughts. Then come up with a list of questions to ask yourself. Once you know what you want to say, keep it short and to the point!
Have a written plan ready before firing someone. This way, you won’t have to go into too much detail during the meeting. Also, make sure you give enough notice. You don’t want to fire someone without giving them enough time to find another job. Finally, make sure you pay off any outstanding debts before firing someone. Otherwise, you might end up losing money.
Unethical behavior and poor job performance are some of the most common reasons why employees are fired. In some more serious situations, you might be emotional and angry and want to lash out. But, don’t do it. You might think you’re being tough, but you’ll actually make things worse.
Employees want respect, and they deserve it. If they feel like they’ve been treated unfairly, they may take matters into their own hands. They may even sue you down the road. And, while you might think you’d be better off just letting go of the person quietly, there’s no guarantee that you won’t end up paying out big bucks in court.
No one likes being surprised. We hate it. Your employee dismissal should not feel like a surprise, they should see it coming. Make sure you’ve conducted regular performance reviews and issued both verbal and written warnings leading up to the termination.
Employees are human beings too. If you don’t treat them like humans, why should they respect you? Giving employees false hope is one of the biggest mistakes HR managers make. Employees usually do everything possible to keep their jobs. This makes it even harder to let them go. But being honest with them is always the best way to handle things. Be direct and it will be a lot easier on both of you.
A reference letter should include a short summary of what the employee accomplished while working there, and why he/ she feels it’s important to leave. In addition, always remember that if you don‘t provide a reference letter — you could face legal action against you.
Your company might even want to foot the bill for the reference letter. If you are asked to write one, make sure you do so promptly and accurately. You don’t want to find yourself in hot water later down the road.
There are some things you don’t want to do during the process. Try your best to keep the discussion on track and end on a respectful note with good wishes and a handshake. Here are 10 tips to help you avoid ending the termination meeting on a very low note.
This step is usually conducted by the HR team but if you don’t have an HR team, you can make use of an HR Tech platform like DigiWorks to take this off your hands. DigiWorks will prepare and conduct exit interviews and send you a detailed report of the process afterward. DigiWorks actually takes care of every step in the hiring, onboarding, payroll, and termination process. DigiWorks connects business owners with pre-vetted and assessed talent from around the world to take care of all your time-intensive tasks.
Once you’ve been matched with a candidate, DigiWorks will conduct weekly check-ins with candidates from the platform to ensure they are productive, compliant with your company’s policy, and are solid team players. If this is not the case, the DigiWorks HR team tries intervention and mediation. And if all this fails, they conduct a professional and efficient termination meeting, exit interview, and all the documentation that comes with this process so you don’t have to go it alone.
Use the DigiWorks platform to hire, manage, and pay remote talent from all over the world.
The bottom line is that remote workers are no different than anyone else. They still require the same basic workplace skills such as communication, collaboration, problem-solving, leadership, planning, and decision-making. But they also need to possess certain traits specific to remote workers. For example, remote workers must be comfortable multitasking, self-motivated and flexible.
To ensure that you hire the best candidates for your team, consider hiring someone who already works remotely. You’ll save yourself the hassle of training and onboarding them. And if you decide to go down the remote route, make sure you offer flexibility and transparency throughout the process.
Remote workers are an important part of a growing number of businesses. They help employees work faster, improve customer experience, and save money. If you’re not sure where to start when it comes to hiring one, DigiWorks is an amazing solution. The DigiWorks team will connect you with a global talent pool so you can find someone who is a great fit for you and your business!
Firing an employee is a very difficult thing to do but you have to remember that you’re doing it for a reason and for the benefit of your company and other employees. According to the Harvard Business Review, employees are often relieved when the underperformers/problematic team members are fired. Following these dos and don’ts will make this process a lot easier for you and will ensure you’ve covered all the essential bits while remaining fair and respectful.