Each state has its own employment laws and rules must be followed to protect the fired employee and the firing company. Be sure to understand the current employment laws, or consult an attorney to avoid wrongful terminations.
Three strikes and Your Out
Everything that can be done should be done to encourage the employee, or to make sure they are capable and competent to fulfill the designated job. Discuss with the employee during evaluations what can be done for improvement. Ask if they want to do the job! Their feedback is very important.
The boss must keep adequate records of the behavior, production, or actions of the employee in question to avoid legal consequences. Whether the employee is actually confronted or not, records and notes should be written down. "Three strikes and your out" is the best rule to follow.
Meet the Process "Head on"
When the time is obvious, do not hesitate. Many employers wait too long to fire an employee. Be calm, courteous, ethical, and compassionate during the meeting. Be straightforward and honest. If action is taken before emotional upsets, the firing process is much easier to handle. Make the meeting as brief as possible. The time for "chatting" has passed.
Furlough
There are other options to reducing the workforce, rather than outright firing an employee. If work slows down, a furlough (unpaid leave of absence) can be started. Non-productive employees can be furloughed indefinitely. The owner or boss must be careful not to show preference here.
Suspensions of work must be carried out ethically. Principles and not just personalities must be followed. Almost any employee can spot favoritism and that action can cause significant legal problems for the company. Above all else, be fair during this process.
Unemployment Benefits
An employee that has been through a lay-off or furlough may be eligible to apply for unemployment benefits, depending on state laws. That is their right and they should be encouraged to check for benefits available. The cost to the company is small compared to a legal suit for wrongful terminations. Any company that is too cheap to pay for unemployment benefits sends a strong message about their attitudes towards their employees.
Firing an employee is a difficult situation for everyone concerned. It is important to handle the process professionally and promptly. The boss or manager must do what is necessary and get on with business. The laid off employee must get on with their life.
Additional Sources:
http://humanresources.about.com/od/discipline/a/fire_employee.htm
http://askamanager.blogspot.com/2007/09/how-to-fire-employee.html
http://www.allbusiness.com/human-resources/workforce-management-termination/1660-1.html
Published by Beverly Bright
Beverly worked in Architectural drafting/design for 40 years (industrial/commercial) and owned her own business for 17 years. Retired, loving life in the country! Beverly enjoys learning, research, and has... View profile
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3 Comments
Post a CommentI don't know. I like Donald Trump's snake hand - "You're fired." Pretty direct.
My x-boss pretended he hated doing this, but secretely he enjoyed it. He has short-man's complex and got his kicks letting people taller than him go!
I agree. It has to be one of the hardest things that an employer has to do, and to be the one that actually tells the employee, has to be hard on them as well. Great write friend. Thank you.