Sever Employee Ties the Right Way
Occasions will arise when you have to let
an employee go. How you handle it determines how smooth the
process will be. Here are some strategies that experienced
managers use:
• Make thorough preparations before firing an
employee. By documenting a new
hire’s performance from the beginning of his or her
tenure, you have wisely provided a foundation for the
worst-case scenario (firing) should it materialize. Don’t
look for negatives, but don’t bury them or try to ignore
them, either.
• Remember: If the employee is surprised, you
haven’t done your job. No
employee should ever be “shocked” when
they’re let go. As a manager, it’s your job to
offer feedback and criticism to wayward employees. By the time
you’re forced to fire someone, so many other options
should have been explored that the person is almost
“ready” to be let go.
• Offer a “Career Decision Day” as a
last resort if the repeated warnings don’t work. On Friday, tell the employee to take
Monday off, with pay, as a Career Decision Day. Ask him or her
to be prepared on Tuesday morning to make one of two choices:
1) To improve in all areas where he or she is lacking; or 2) To
accept termination with appropriate severance pay. If the
employee opts for improvement, set specific goals with
deadlines.
• Don’t mix the good with the bad. Many managers make the mistake of being
too nice when letting someone go. They feel guilty, so they try
to sugarcoat it: “Well, John, you really did some good
things here, but unfortunately your chronic inability to stay
organized overshadows all the positives.” That sends a
mixed message and may confuse the employee. When firing
someone, leave the good out.
• Don’t talk about the situation. Firing someone is a traumatic experience,
and the temptation is to want to talk about it with others.
Don’t. Don’t look for support; don’t try to
rationalize it to other managers or your other employees.
Talking about it is not
only unprofessional, but it could pave the
way for a libel lawsuit against your company.
• Be ready to be angry. Often, managers wait too long before firing
someone, letting anger and frustration build up. These emotions
are likely to surface if the employee starts to question your
decision. Be ready for this, and remain professional. Present
your facts and documentation, and don’t argue with the
employee.
Need to Discipline a Problem Worker? Follow
These Five Steps
For managers, disciplining employees might
be considered a necessary evil. No one really wants to do it,
but sometimes it has to be done. Psychologist, trainer, and
employee-relations consultant Darlene B. Bordeaux offers these
tips for getting through the discipline process as painlessly
as possible:
1. Be clear. Before embarking on the difficult course of
disciplining a problem worker, remind yourself that this
isn’t just a troublesome individual — this is a
corporate asset. It’s in you best interest, as well as
the employee’s, that you help this worker resolve
any problems and perform optimally.
2. Be
discreet. Even if an employee has
earned your wrath, don’t vent in front of others. If you
can’t speak privately at that moment, make an appointment
to do so at the earliest opportunity.
3. Be
positive. Bordeaux says opening the
conversation with the ominous “We have to talk” is
the “kiss of death” for a productive discussion.
Instead, search for less threatening ways to begin. For
example, if you’ve seen the employee mishandle an irate
customer, ask for the worker’s perspective on the
incident. Then use the employee’s account as a starting
place for explaining how the situation could have been handled
more appropriately.
4. Be calm. Strive to control your emotions. If you
start raising your voice, chances are the employee will do
likewise and the situation will needlessly escalate.
5. Be
consistent. Don’t send
mixed signals by berating the worker while keeping a smile on
your face. In this situation, you can’t be both best
friend and boss.
-Adapted from “6 steps in
disciplining,” in Motor Age
Four Strategies to Protect Yourself from
Wrongful Dismissal Claims
In the animated town of Bedrock, Mr. Slate
could fire Fred Flintstone anytime the mood struck. But in the
real world, the prospect of litigation makes managers skittish
about firing workers, even those employed “at
will.” Use these strategies to protect yourself:
Third-party review. Ideally, your organization has established
procedures for an independent in-house panel of managers, HR
professionals, and legal advisors to review proposed dismissals
and potential ramifications. As uninvolved parties, the panel
should be able to discern whether your complaints are genuine
and you’ve exhausted other options or whether the
dismissal seems retaliatory or personally motivated.
Code of ethics: You’ll be on stronger footing if your
organization or department publishes a code of ethics, with
copies provided to all employees. Then, if the employee
knowingly violates the code, your case for dismissal becomes
stronger. But don’t stop there. You must also be sure
you’ve honored the code in your dealings with employees
and that you haven’t said or done anything a jury might
interpret as encouraging workers to be unethical. If you have,
it could appear you’re using employees as scapegoats.
Whistle-blowing policy. With the fallout from shady business deals further
disrupting an already troubled economy, juries will take a dim
view of any dismissal that seems to retaliate against workers
who’ve reported unsafe or unethical practices. Institute
whistle-blowing policies that protect workers and reward
those who bring problems to their attention.
Liability insurance. Many companies carry employment practices liability insurance
(EPLI), which provides as much as $25 million in coverage to
protect the organization against a variety of claims, including
wrongful termination. However, many workers sue their
individual managers as well as the organization. Consider
purchasing an individual policy that will protect your interests.
-Adapted from “Wrongful termination
and the expanding public policy exception: implications and
advice,” by S. Gardner, G. M. Gomes, and J. F. Morgan, in
the SAM Advanced Management Journal
