Terminating an employee is never easy, but with certain skills, it becomes less painful for all

Human Resources

When an employer makes a decision to fire an employee — after all other options have been exhausted — there are general “rules” of etiquette to follow. How an employer handles a termination reflects on him or her as an authority figure, reflects on the company, and influences whether or not someone else quits.

“In a seller’s market, employers need to be more sensitive to how they are viewed,” says Joyce Gioia, a certified management consultant and partner at The Herman Group, Greensboro, N.C.

Keeping that in mind, there are definitely some do’s and don’ts when communicating to an employee that he or she is being fired.

Jonna M. Contacos, PHR, a vice president and partner at HR Consultants, Somerset, Penn., suggests the employer get all the facts straight before firing, then candidly speak to the employee about specific issues.

“Employers should try and preserve their employee’s sense of dignity,” she says. She explains that it is extremely important for an employer to use language that will positively reinforce an employee’s self-worth.

An employer should remember to be direct and focused and convey to the employee that the decision is not negotiable.

“Be sensitive to the difficulty of the situation,” says Gioia. “It can be very painful for both the employee and the employer.”

This is especially the case if the employee has been with the company for a number of years. “It’s best to acknowledge the pain for everyone,” she adds.

The best way to achieve a positive situation is for the employer to take it easy and take it slow, says Gioia.

Besides helping the employee hold on to his or her dignity, there is another reason why an employer should be sensitive, Gioia says.

“Loyalty between employees is very much alive, if you lose one employee, you may lose more than one — often ones that you didn’t want to lose. So be sensitive,” she says.

In most cases it might be best to inform the employee at the end of the day at the end of the week. This allows the employee to gather his or her belongings after other workers have gone home.

“Friday afternoons are ideal because no one else will be there,” Gioia says, although she explains that sometimes sooner rather than later in the week is a better option.

“It depends on how critical the need to terminate is. If that person is poisoning the workforce, its best to terminate at the earliest possible opportunity,” she adds.

It’s best to know the laws. “Whoever is doing the termination — whether it be the small business owner or the HR manager who is taking the action — he or she better know state and federal employment laws,” advises Cantacos.

“Make sure, as an employer, you have dotted all your I’s and crossed all your T’s and have followed procedure. Make sure to keep written record of having delivered each reprimand and have listed specific performance failures. Also make sure the employee has signed each document,” Gioia says.

Documented actions are the best way to prove correct procedures were followed.

“Also, an employer shouldn’t discuss this with other parties, only those who have a direct need to know. This helps to avoid defamation of character suits,” says Cantacos.

“If the manager hasn’t engaged in professional management — written reprimands — then that person is opening up a situation where he or she is liable for a legal problem,” reminds Gioia.

An employer who has been proactive in keeping employee files and records current — including signed and dated documentation of reprimands and appraisals — will help secure a fair termination process if the situation ever arises. A sensitive and focused employer is aware that no matter what the conditions, termination is going to be difficult for everyone.