Help With Terminating An Employee (Long Post)

[4cruisin]

I need a little friendly advice today. I will be "laying off" one of our employees on Friday. The person was hired approx 1 year ago and has not progressed in their position at all. The position is not rocket science but for what ever reason, lack of ambition, lack of education etc, they have not been an asset to our company. The person does not have a good attitude most days and is not really a team player. My boss has a difficult time with terminating people...he has a heart of gold so I told him I would do it since I technically hired this person. We will give the emp 2 wks severance pay and will allow them to collect unemployment benefits if necessary. Part of me feels bad for the person but part of me is really mad too. I have spoken to this employee numerous times about their lack of ambition, major mistakes being made on projects ( I mean MAJOR, cost our company some money on one project in particular)how to initiate work on their own etc. The other people that work with this person on a daily basis are all in agreement the the emp is no help to us and has not progressed in their position. The last warning I gave the emp was just 2 weeks ago and it did no good.

I plan on just telling the employee Friday that our work has slowed down and we no longer have the work load for them. I will thank them for their service and wish them luck in their future endeavor. (I refer to "them" in this post because I do not want to say he or she).

Any other ideas.

Nancy

 

[jrydberg]

My only advice is to be honest, but not too harsh... if that makes any sense? Doesn't do the person any favors to sugar coat it, IMO.

 

[mickeyfan1]

You really should have everything documented as to past discussions, work reviews, etc. If there is even the most remote possibility that this could turn into a discrimination suit, you need to be well prepared. As to telling them the work load has decreased, that could backfire, as this person could call in and talk to someone later, or even have a friend do some social engineering. Tell them the truth, exactly as you have told us. It will be better in the long run. Telling someone over and over that they are not contributing, and that the mistakes they have made have been costly, this is just another extension of that. I would approach it with all the facts, ie you were hired on X date, your work efforts were discussed with you on X dates, etc.

And above all, do not get personal. The person being let go will probably be defensive, and bring up other people in the group, but you have to stick with the subject at hand. Like "I am sorry you feel that way, but we are not here to talk about Bob, we are here because of your poor performance", lack of team work, or what ever.

Best of luck, I have had to do discipline in the past, it is not fun, but if you approach it professionally, and keep it as simple as you can, you will feel better when it's done.

 

[Toby'sFriend]

I'm guessing you don't have a Human Resources department?
I think that alot depends on your particular state, but unless you are firing for gross negligence, my training has always said that the less said, the better. This is especially true if you are an employment at will state and you are not planning on fighting and Unemployment Compensation claim. You really don't need to get caught up in the Why of the lay off and sometimes doing so can really get you into trouble.

I would just keep the letter and the meeting to "We are terminating employment as of ______. The company is agreeing to a severence package of $______. " The employee can figure out for themselves how to file for unemployment.

It would also be best if you would have some kind of recommendation letter right then. If you aren't really enthusiastic about the employee just keep it to "Employee X worked for our company from ___ to ___ and under my supervision and performed the following duties ______.

 

[Shugardrawers]

I agree, be honest but don't be "brutally" honest. Sometimes people learn from these experiences. Maybe the job bores this person or they feel it might be beyond their capabilities. Maybe they have personal problems that are preventing them from focusing fully on the job. Whatever the problem, you are being extremely fair by offering a severance package to someone being let go for cause. Most people don't get that much.

 

[CajunDixie]

I plan on just telling the employee Friday that our work has slowed down and we no longer have the work load for them. I will thank them for their service and wish them luck in their future endeavor.

Don't make up an excuse like a work slowdown. They'll expect to be brought back in when things "pick up" Its always best to be honest.

A few years ago I had a manager that told us he fired John Doe and we'd have to cover his hours until he could find a replacement. One of the guys I worked with ran into John Doe and was complaining about having to work an extra shift....John Doe was upset because the boss said work was too slow on the days he was available to work and that the manager couldnt accomodate John Doe's schedule.

 

[4cruisin]

We are a fairly small company. I am the HR department for all intents and purposes. There is another manager that handles a diffferent "team" of employees so if one of his team is being let go, he handles it. Trust me, we hardly ever let people go here. Like I said, the owner has a heart of gold so this tells you that this emp really is not an asset at all.

Thanks for all the moral support. I really do appreciate it.

Nancy

 

[Toby'sFriend]

well, like I said much depends on the particular employment laws of your state.

But as soon as you start making statements like "your productivity wasn't as expected and blah blah blah"
then you put yourself in a position where you might have to defend those statements in court. That is where "the less said, the better" comes into play. If you are an employment at will state then you don't NEED a reason for the layoff and it is often best not to give one.

 

[Duchie]

I agree that you should not make up excuses for why the employee is being released. If you have had conversations with this employee in the past regarding unacceptable performance (and they are well documented) then they will know why they are being terminated. Tell them simply that their employment will be ending effective xx date. Be prepared that the employee will ask why. You do not need to get lured into this conversation, just respond with the information on the severance, and explan that they will be taken to their desk to retrieve their belongings.

You might want to have someone else sit in on the conversation with you. My company always recommended having both a man and a woman in the room when terminating an employee to prevent accusations of sexual harassment, but it's up to you whether you want to do this or not.

You might also want to role-play this out with someone else prior to Friday. Might help you prepare better what you want to say.

Good luck! I've had to do this far too often in the past and it is never fun nor easy, even when the person really deserves it (and they know they do).

 

[mickeyfan1]

TF you have some excellent points. And depending on state laws, everything can be different. I worked for a huge corporation with a union, so we could not fire someone the way you have suggested, and we NEVER gave any references for anyone. Corporate payroll would give the employed dates only. Several people sued for improper termination and lost because we had all the documentation as to: Job duties and expectations, work reviews, appraisals, etc.

 

[floridafam]

I would be honest with the employee. Maybe this will help them learn what they need to do to be a better employee elsewhere.

If you tell them work has slowed, what would he/she get from that?

 

[MHopkins2]

If there is *any* chance of a lawsuit (and these days, there is always a chance of a lawsuit), the "not enough work" fib is a very bad idea. Example: department has four women and two men; one of the men is the one you're firing. You can him for "lack of work" and after a careful search for the most qualified candidate, hire a woman. Man finds out, and sues you for gender discrimination.

 

[Bob NC]

I've fired lots of folks for cause. In 99% of the cases it's never a suprise to the employee. By the time it reaches that point, they generally know already.

Watch out how you word their release. If they are being fired for cause, chances are they will not be able to collect unemployment. If you term it as a 'layoff', chances are they WILL be able to collect unemployment.

If you do decide to use the term 'layoff', make it abundantly clear that they will not be getting a call back and you do NOT plan on rehiring them.

 

[mickeyfan1]

Now I am curious, did you end up laying this person off, or did you outright terminate him, or did it get postponed? Enquiring minds are nosy!

 

[cynsaun]

Originally posted by jrydberg
My only advice is to be honest, but not too harsh... if that makes any sense? Doesn't do the person any favors to sugar coat it, IMO.

I agree! This person needs to know why, so they try to change their work behaviors for their next position.

Good luck, it's never an easy thing to do!

 

[LadyTrampScamp&Angel]

I agree with the excellent posts here. There's a big difference between laying off someone because of a work slow down and letting someone go for cause. Hopefully you have documented every discussion with this employee and I'm hoping you've given them a written warning that you required this employee to sign. To sugar coat it as another said is not a good idea. It could actually open you up to problems later. You don't have to be mean but it's in your and the company's best interest to be honest.

I've had to fire people AND lay people off, either way it's not fun. If this happens again, document everything, have goals for improvement in writing, go over it with the employee and get their signature. To not tell the truth about why they are being let go in the long run doesn't benefit either the employer or the employee.

Having a witness is a good idea also.

Good luck.

 

[EsmeraldaX]

Be honest, explain the situation and do not appear like you are overly syphathetic. Otherwise the person may think he still has a chance and will continue to call/write the company etc.

 

[wdw4us]

You might want to think about having a 3rd party present. Someone in management as a witness in case this ex employee tries to make false statements about you.

denise

 

[chell]

Originally posted by Duchie
You might want to have someone else sit in on the conversation with you. My company always recommended having both a man and a woman in the room when terminating an employee to prevent accusations of sexual harassment, but it's up to you whether you want to do this or not.

That is what I was going to suggest since it covers you.