How To Fire An Employee In 5 Steps


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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!

Published in: Business, Economy & Finance

How To Fire An Employee In 5 Steps

  1. How to fire an employee in 5 steps by
  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: • How to Write A Job Description • Employee Handbook Template • 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.
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