So far in our series on how to hire and manage we have focused on the hiring process and how to pay and manage employees once you have hired them. In today's presentation we are going to talk about how to fire an employee. So let's get started!

1. How to fire an employee in 5 steps
by FitSmallBusiness.com

2. Step 1: Establish a firing protocol

3. A Comprehensive firing protocol
consists of accurate job
descriptions, clear employee
contracts, and an up-to-date
employee handbook.

4. In all states except Montana
employment is presumed to be “at
will” unless stated otherwise.
If you have an employee sign any
type of employment contract make
sure it is reviewed by an attorney
and includes an at will clause.

5. If you do not already have job
descriptions, an employee contract and
handbook here is a template for each:
•Fitsmallbusiness.com:
How to Write A Job Description
•Rocketlawyer.com:
Employee Handbook Template
•Rocketlawyer.com:
Employment Contract Template

6. Use a
“Progressive Discipline Policy”
This is not intended to establish a rigid
set of penalty rules, but rather ensure
that employees are never surprised that
they are being fired, eliminating the
element of surprise when providing
severe warnings which are documented
and signed by the employee.

7. After you reprimand an employee,
give him or her time to respond to
your feedback with performance
improvements.
If you have failed to document an
employee’s performance issues, do
no try to reconstruct
documentation later on.

8. Step 2: evaluate your
legal obligations

9. Here is a list of scenarios when its
illegal to fire an employee:
Discrimination: Under federal law, it
is illegal to fire someone for reasons of
age, race, religion, sex, national origin or
disability that does not influence their
job.

10. Whistleblowers: You cannot fire
employees for complaining about any
illegal activity health and safety
violation, or discrimination or
harassment in the workplace.
Exercising Legal Rights: You cannot
fire employees for taking family or
medical leave, military leave, time off to
vote or serve on a jury.

11. “Just Cause” promise: This may occur if
you tell your workers that they will be
fired for cause only or establish
guidelines that spell out how and when
terminations will be handled.
Constructive Discharge: Legal concept in
which an employee claims they were
forced to quit through intolerable
working conditions.

12. Step 3: Review and Assemble
documentation

13. A list of documents you should
bring to the termination
meeting includes:
•A letter that outlines the status of your
employee’s benefits, vacation pay / unused
sick time, repayment of advances, and
payment of money owned to the employee.

14. •An explanation of benefits (COBRA).
•Final paycheck or severance check and
other things that may need to be offered.
•Documents to sign (termination notice
or release).
•Explanation of confidentiality
obligations.
•Return forms for company property.

15. Step 4: the termination meeting

16. It is best to make the meeting simple
and quick. Find a private, neutral space,
and be compassionate and respectful.
Give them the termination letter you
have prepared. You are legally obligated
to include information for COBRA, and a
pension or 401 (k) where applicable.

17. Make sure you have a witness who can
account for your actions and prevent a
disgruntled employee for taking false
accusations of wrongful behavior.
Many human resource experts
recommend firing employees on monday
morning so they can have the day to
collect their things.

18. Step 5: Talk to the rest of your team

19. It is advised to notify the rest of
your team since many of them
could be concerned with their
job security.

20. And Finally...

21. To learn how to be a more successful
entrepreneur visit us at....

22. (Click The Link Below)
www.FitsmallBusiness.com

23. (Click The Link Below)
www.FitsmallBusiness.com

24. (Click The Link Below)
www.FitsmallBusiness.com