How Important Are Employee Firing Procedures?Badly handled employee terminations can lead to very serious legal problems and create a large number of lawsuits against companies every year. There are many things to consider before, during, and after a termination that an employer should keep in mind to best protect their interests.
What Should an Employer Consider Before Firing an Employee?Firstly, an employer should be sure that the employee termination is approved by top level management and follows written company policies. Legal advice should be sought if there are any questions in this area.
Unless an employee has specifically committed an act that leads to termination, the employee should usually be told the reasons for their termination. The interview should be carefully planned to anticipate responses and reactions.
If an employee is being laid off or having their work area closed, it is usually a good idea to provide advance notice of their termination. Keep in mind that too early notification could affect productivity or cause undesirable actions.
As a security precaution, be sure to change security codes and passwords to deny access to the employee once their employment has been terminated. How Should an Employer Handle the Firing Process?The most important part of the entire process is to be honest and clear about the reasons for firing. Avoid personal statements that may humiliate or anger the employee, and do not be vague about whether the employee could return. At this time, it may be helpful to have another person as a witness or for emotional support.
Allow the employee to remove their personal belongings at a time of their choosing, usually after hours or a weekend. Prepare a checklist of company property that should be returned, such as ID cards or keys.
It may be helpful to discuss future recommendations with the employee. It is important to be supportive of the employee if possible but not say anything incorrect about the employee or that reflects badly on the company.
What Should an Employer Do After Firing an Employee?The most important thing is to immediately document the event, possibly writing down details of the conversation and reactions for additional protection. This may be an invaluable tool in fighting future legal challenges to the termination.
Staff and other employees should be told either verbally or in writing about the incident, but it is important that nothing defamatory be stated. Employees should be reassured about their ability to stay within the company and invitations for conferences about the termination should be given.
Do I Need an Attorney For Employee Firing Procedures?Terminating an employee is an extremely stressful and unfortunate part of business. It can lead to a great deal of bitterness no matter how fair or necessary the firing was. Consult an experienced employment attorney to stay informed of good procedures and tips. |
