May 13, 2010

So You Have To Fire Someone. Now What?

Filed under: Discipline & Termination,Management Practices — Tags: , — Jane @ 10:27 am

While firing people on TV seems to be fairly easy, terminating somebody for real can be one of the most difficult things a manager has to do. Firing an employee is never easy but a few simple things can make it go more smoothly while at the same time help to shield your organization from potential legal action.

There are at least two very critical overriding issues in a termination:

  • BE PREPARED
  • TERMINATE THE EMPLOYEE, NOT HIS/HER DIGNITY

The termination process should include:

  • Thorough Review of Past Actions. Preparing for a termination may take hours. Conducting the actual termination should take a few minutes.
  • Careful Review Of Documentation. Have the problems been well documented? Does the performance appraisal support the termination? Have you reviewed the employee’s work history?
  • A Consistency Check. Have performance and behavior standards been consistently applied to all similarly situated employees? Have other employees with similar performance records been terminated?
  • A Procedures’ Check. Have your corrective action procedures been followed?
  • An Inspection For Red Flags. Is there a possibility that a discrimination charge could be made or that the employee’s rights could have been violated in any way? Could it even appear that improper action was taken or that your actions could be misinterpreted?

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October 29, 2008

The Ten Commandments of Hiring and Firing

Filed under: Performance Management — Tags: , — Jane @ 8:01 am

Hiring
1.  Follow closely all relevant company policies related to hiring, e.g. re: application and offer process, interviews, and EEO.  If you do not have any such policies, get some and train all persons who are to use them
2.  Be aware of relevant state and local laws, as well as national ones (e.g. – San Francisco City ordinance precludes discrimination based on sexual orientation, Florida based on marital status and Wyoming based on tobacco use)
3.  Learn about and train all employees to avoid inappropriate inquiries
4.  Be consistent in your decisions to avoid allegations of disparate treatment
5.  Act on the basis of job-related factors
6.  Document such things as eligibility to work in the United States after job offers
7.  Carefully verify the legality of and business justification for any pre-employment testing (drugs, psychology etc.)
8.  Use at-will statements and contract disclaimers on application forms and offer letters and avoid statements re: job security, probationary periods, tenure and reasons for discharge, unless you intend to create a contract, which should be done in writing
9.  Do not make promises you may not be able to keep – (e.g. “We will review your application against future openings”)
10. Be humane and professional.  Revenge is the motive for many employment lawsuits.

Firing:
1.  Follow closely all relevant company policies related to discharge, e.g. re: termination, progressive discipline and EEO.  If you do not have any such policies, get some and train all persons who are to use them.
2.  Do not act alone.  Two heads are better than one.  Two witnesses are better than one.  Avoid the “he said/she said scenario” played out by Anita Hill and Clarence Thomas.
3.  Never act out of anger.  Wait until you are no longer angry and investigate thoroughly before deciding what to do.  In an emergency, suspend (with pay for exempt employees)
4.  Do not give assurances of job security, long-term employment.  Otherwise you may be creating contracts.  If you have a contract, follow it.
5.  Honestly and fairly evaluate employees and performance reviews during performance reviews and document the same.  In other words, be proactive in trying to avoid problems before it is necessary to terminate.
6.  Act based on job-related factors, not on personality or other factors not related to the job.
7.  Be consistent.  Discrimination claims thrive where similar circumstances are not treated similarly.
8.  Be reasonable in establishing expectations of your employees and give clear notice of the same.
9.  Document your decision in writing.  Remember that whatever you write will be “Exhibit A” in any lawsuit.
10. Be humane and professional.  Many lawsuits are filed for reasons of revenge.

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