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Terminating employees is one of the least desirable
aspects of being a small business owner or Human Resources
Manager. Nonetheless, it is a part of your job if you
hold either position. Therefore, you must understand
as much as possible when it comes to terminating employees
to do it sensitively while avoiding legal troubles.
The Concerns of Terminating Employees
For many people, even the thought of terminating employees
is undesirable. After all, once you have worked with
someone for a time, you get to know him or her on a personal
level. You may know that person’s hardships and
struggles, and you may know their family. Just thinking
of firing that person and placing an extra load on him
or her can be bothersome, even if you know the employee
should be fired.
Besides the emotional stress of terminating employees,
you must be wary of lawsuits. In our current sue happy
world, it only takes one small mistake to find yourself
going to court over a wrongful termination hearing. Therefore,
it is important to follow the proper procedure when terminating
employees.
Always Document When Terminating Employees
The first rule of thumb when terminating employees is
to document. As a rule, you cannot document enough. Before
you reach the point when termination is necessary, you
must document all problems you have had with the employee.
Describe, in detail, all actions and behaviors that lead
to the employee's discipline. Every incident should include
the date it took place.
Following each incident, you must list out the actions
you took to reprimand the employee. Then, you must notify
the employee that you have placed paperwork in his or
her employee file and this person must sign the paperwork
to show that he or she has read it. If the employee refuses
to sign, document this fact as well and have another
supervisor sign that he or she witnessed the employee’s
refusal.
Cover Yourself When Terminating Employees
When terminating employees, you must always take care
to cover these basics. Not only must you document the
problems you have had with the employee, but you also
must prove that you effectively communicated your expectations
to them. This means that you should also document all
training you have provided to the employee as well as
all meetings you have had with him or her. To do this,
draft an employee warning letter each time you have a
problem with that person. This letter is similar to an
employee termination letter. It briefly outlines the
problems you are having with the employee and spells
out what will take place if the employee fails to correct
his or her behavior.
By providing substantial documentation and following
proper procedures when terminating employees, you have
a better chance of enjoying a smooth transition without
concern of retaliation or a negative lash back. Therefore,
it is well worth the time to do properly.
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