FIRING EMPLOYEES

Sometimes firing employees cannot be avoided, unpleasant as it is. What can be avoided however is the potential for disaster from faulty firing practices.

When it comes to firing employees this is best avoided by ensuring that you hire well in the first place, for firing can be considered the failure of your hiring practices.

Be that as it may, all business owners will find it necessary to fire someone sooner or later and it pays to get it right. Get it wrong and you lay yourself open to all sorts of law suits.

Whatever the reasons you consider merit thoughts of firing an employee, you need to have prepared for the day, so here are some steps that will help you get it right.

• From day one of your business you need to have in place some sort of employee policy document or manual. Here you will let your employees know what is expected of them and what they can expect in return. With a manual in place no one can say that they did not know.
• The act of firing employees usually follows on from verbal, then a written warning, except where there are grounds for an immediate dismissal. Document all such information regarding the employee’s behavior. Remember that your disciplinary procedure should clearly show that you have:-
• Told the employee, on more than one occasion, of any unsatisfactory performance.
• Explained what is expected from them.
• Given them a chance to reform within a laid down time frame.

Show in your documentation that you have been fair and have tried to solve the issues. It is important that you make a note of all the occasions that you have had to verbally warn the employee about poor performance.

• Have someone act as a witness to all disciplinary dealings with the employee. When firing employees you need a strong case to justify your dismissal, so have all your efforts witnessed.
• When the need arrives to issue a written warning, be clear as to why it is being given.
  • State the problem as you see it.
  • List what was expected and the sources of those expectations, that being your employee manual, previous warnings, etc.
  • Point out how you have tried to help the employee meet these expectations
  • Point out where they are not being met.
  • Give the employee notice that if the situation is not resolved immediately they will be fired. Be very clear in stating the sanction. When you talk about firing employees there must be no misunderstanding.
  • Get the employee to sign your copy of the warning letter as proof that it was received.

  If an employee refuses to sign, note this and get it witnessed.

  Firing an employee

  You have tried your best to reform the employee, with no success, so the final sanction is to dismiss.

  Here’s how to do it, based on fairness and forethought.

  1. Make sure that you get someone independent to look at the reasons on which you have based your decision. Sometimes the emotion and stress caused by having to fire someone leads you to a firing that is not legally sound, so make sure you are on solid grounds before acting.
  2. Prepare and be clear about your reasons for the dismissal. Have these clear in your head. If asked to give a second chance, have ready your reasons why this is not possible.
  3. Have the letter of termination ready. State why you are dismissing the employee. Mention in the letter any terminal benefits. These should include details of:-
     • Date and time of dismissal.
     • Collection of last pay check.
     • Health and insurance coverage.
     • Give the facts of the matter and no more. When firing employees, only the facts count.

  4. Call the employee in to a meeting where you will inform him/her of their dismissal. Prepare for this meeting by:-
     • Getting all your facts straight. Read through all previous disciplinary discussions.
     • Letting the person’s supervisor know of the pending dismissal, also your boss if you have one.
     • Being ready for any questions from the employee.
     • Listing all the company property that the employee has to return. Be careful to get all keys returned.

     Keep the meeting short, 10 minutes should be sufficient and always have a witness present. When firing employees, don’t ever get into arguments.

  5. At the meeting be both firm and fair. People don’t like being fired, even if they know it is justified. If you can create an atmosphere where you appear humane and fair, you will prevent thoughts of revenge.
  6. After the dismissal, write it up, how it went, what was said and any needs for a follow up.
  7. Make sure that the rest of your employees realize the reason for the firing and that it was nothing personal. If they know that the firing was justified, they will not worry about you being on a firing spree!
  8. Remember to change any security passwords, PIN numbers, bank signature forms or anything else of a security nature that is private to your business.

  If you have followed the necessary procedures for hiring well, you probably won’t have to go about firing employees. If you do have to fire someone then you will find that building up your case carefully and correctly will make the parting a lot easier and less likely to end in court.

  Firing employees is never easy, but if you have to do it, it is best to do it right.

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