How to Make Terminations More Humane

No manager enjoys the thought of firing an employee, but sometimes a parting of the ways is inevitable. Make the situation easier on both of you by remembering these dos and don’ts:

• Don’t terminate on a whim. Never dismiss an employee in a fit of temper. Terminations should be carefully considered—and used as a last resort.
• Do make a responsible decision. Carefully review the facts and seek advice from other respected managers.
• Don’t catch employees off-guard. Give ample warning so problem employees know they’re on thin ice and won’t be surprised if it finally gives way.
• Do be sure you’ve exhausted all options. Regardless of your personal feelings, make every effort to salvage the relationship before resorting to termination.
• Don’t terminate without cause. Even if yours is an “at will” state, it’s wise to justify your decision in case the employee decides to pursue litigation.
• Do be clear about your reasons. Carefully explain to the employee your reasons for taking this action to demonstrate why you feel there’s no other choice.
• Don’t make a hasty decision. Give yourself time to mull over the decision to be sure you can live with the consequences.
• Do expedite the appropriate action. Once you’ve made your decision, act immediately. If you’re convinced this is the best course, there’s no need to delay.
• Don’t argue with the employee. Don’t get into an argument with a terminated employee. What’s done is done.
• Do document the process. Keep careful records of the events leading up to the termination and all efforts you’ve made to resolve the situation.
• Don’t underestimate your impact. Don’t get cocky. Terminations may have a significant impact on the lives of employees and their families. Respect the gravity of the situation.
• Do treat employees with dignity. Try to end the meeting amicably. Wish the employee well, extend your hand. Make sure when all is said and done that you’ve acted in a way you can be proud of.

Adapted from “Employees are not disposable commodities,” by Mary Rau-Foster, on workplaceissues.com

 

Staff Matters

Just Cause or Just Because

By Stephen O’Connor

Determining the discipline or discharge of an employee is one of the most important and imperfect tasks a manager will probably ever have to do. It is tricky because there are so many questions to answer. Who did what and when? Who’s telling the truth and who’s bending it? Who knew (or should have known) about rule violations and what was done with this knowledge? What was the intent of the employee and what were the circumstances?

Some of life’s day-to-day questions are perplexing enough, such as, “Why is there an expiration date on sour cream?” One of my favorite comedians, George Carlin, likes to muse about life’s difficult dilemmas. He asks questions like when sign makers go on strike, is there anything written on their signs? Or why don’t sheep shrink when it rains? Or why do they report power outages on TV? One of his best is, “I went to a bookstore and asked the salesperson where the self-help section was. She said, “Well, if I told you it would defeat the whole purpose, wouldn’t it?”

There are many questions that defy answers but when it comes to employee discipline, there are seven questions you can answer to determine the justice of an employee discipline or discharge. Thomas Baird, attorney with the firm of White, Przyblyowicz, Schneider and Baird in Okemos, has outlined the Seven Tests for Just Cause. They are also the seven layers of defense for an employer in the event of an action for wrongful discharge.

• Have you given notice on what constitutes misconduct and its consequences? Is this notice written down, is it required reading for the employees, and does it describe what unacceptable behavior looks like and what the consequences are?
• Are the rules and orders reasonable? Would your mother think they made sense?
• Have you done a thorough investigation and provided due process? There are at least two sides to every story.
• Has the process been fair? Is this the way you’d like to be treated?
• Is the evidence adequate upon which you base a decision? Get your information from several sources, not just one.
• Was equal treatment provided? Were all the employees involved treated the same?
• Was the imposed penalty proportionate to the offense? Did the penalty fit the crime?

Answering employee’s questions honestly and getting honest answers to your questions, within these seven guidelines, will ensure fairness and support employee accountability. It is much easier to ask these questions of yourself, as you move through the discipline process, than to answer them to a plaintiff attorney in a deposition or a legal proceeding.

Questions you’ll probably never hear in a courtroom but are ones I’ve often wondered about are why do hair shampoo instructions say lather, rinse, repeat? If you did this, would you ever be able to stop? How do you know when it’s time to tune your bagpipes? My personal favorite, however, is if a telemarketer and an IRS agent were both drowning and you could only save one of them, would you go to lunch or read the paper?

This article originally appeared in the March/April 2001 issue of Michigan Health & Hospitals magazine and is being used with permission.

 

Is Termination Warranted? Answer These Questions

No manager wants to terminate an employee, but sometimes dismissal is unavoidable. Ask these questions to determine whether you’ve reached the point of no return:

• Is this an offense supporting “summary discharge” — such as violence or theft?
• If the offense does not warrant summary discharge, what specific rule or procedure has the employee violated?
• Is the rule or procedure reasonable?
• Was the employee made aware of the rule? (Was it included in the employee handbook or other literature or discussed during company or department meetings?)
• Was the employee made aware of the consequences for violating the rule? (Again, were the consequences spelled out in the employee handbook or discussed during meetings?)
• Has a full and fair investigation been conducted? Is there sufficient documented evidence that the employee violated the rule? Are witnesses credible?
• Was the employee verbally asked to stop the behavior in question or warned about possible consequences?
• Have other employees engaged in the same misconduct? If so, were they terminated? Was the cause for their dismissal documented?
• If other employees have engaged in the same misconduct without being terminated, has the company recently put employees on notice that the rule would be strictly enforced?
• Has the employee been given the opportunity to offer a reasonable explanation for the misconduct?
• Has the employee demonstrated a willingness to improve?
• Have other alternatives — training, transfer, resignation — been explored?
• Are there mitigating circumstances that would support a lesser penalty — for instance, does the employee have a history of positive evaluations, promotions, merit raises, performance bonuses, or written commendations?
• Does the employee have a written contract or has the employee been with the company for many years? Have any promises been made concerning service tenure? Have other long-term employees been dismissed for comparable offenses?
• Will dismissal fall within a year of the employee becoming vested in the company pension or retirement plan or within a month of eligibility for bonuses or stock options?
• Do you believe the punishment fits the crime?
• Do you believe you have pursued this matter in an impartial manner?
• Are management and/or human resources aware of the facts? Do they support your decision?

Adapted from Managing Customer Service
Source: The Motivational Manager, Ragan Communications, Chicago, Illinois

Do treat employees with dignity. Try to end the meeting amicably. Wish the employee well, extend your hand. Make sure when all is said and done that you’ve acted in a way you can be proud of.

Written policies and anecdotal documentation supporting the seven tests for a just cause discipline can insulate your organization and support your employee relations efforts.

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