Terminating an employee is not an easy task and isn’t something that managers and business owners typically like to do, but let’s face it, it is a fact of business life. There are a lot of factors that go into terminating an employee and is a decision that companies should be prepared to make when needed. Here are some steps to look at to help reduce legal exposure during the termination process as well as ease the burden for all parties involved:
Follow the guidelines of your employee handbook and established company policies. A company’s handbook establishes a foundation for performance expectations and standards of conduct so it is important to ensure that you and your employees are acting within those guidelines. If the termination is for performance issues or something other than gross misconduct (theft, violence, etc.), make sure you have followed the appropriate disciplinary procedures established in your handbook. If you do not have written procedures for discipline or grievance, actions taken previously set the precedent for future actions and consistency is crucial in dealing with employees.
Document, Document, Document. It is important to document performance and disciplinary issues but the documentation must be objective and strictly related to the job and the performance concerns. When documenting performance and/or disciplinary concerns, be sure to discuss the documented issues with the employee and ensure they understand the concerns and the applicable consequences should their performance not improve.
Have an understanding of the employment laws applicable to your business and the situation. Although North Carolina and South Carolina are employment at-will states, there are federal and state laws and regulations to consider that trump the employment at-will doctrine.
Determine if termination is the appropriate course of action. Ask yourself the following questions: is the reason for termination business related and doesn’t interfere with state of federal employment laws applicable to my business? Has the employee been made aware of the problem and have they been given ample time and opportunity to correct the problem? Is there appropriate documentation of the issues and actions that have led up to termination?
Take inventory of company property and access. Determine what company property and/or computer and building access the employee has to ensure it is all collected at time of separation. Any computer access, whether remote or local, should be shut down immediately to avoid tampering or stealing of company information.
Avoid making personal statements during the termination. Apologizing for the termination or saying things such as “you wish it didn’t have to happen”, etc. causes confusion for the employee and only makes the situation worse for all parties involved.
If the final decision comes down to termination and it is time for the action to be taken, do it sooner than later and don’t beat around the bush during the conversation. Be straight forward, to the point and confident about your decision and keep it strictly business related.
Deanna Arnold, PHR, is the president and owner of Cornelius, N.C.-based Employers Advantage LLC, which provides practical and sound solutions to meet the needs of your business in all aspects of human resources, including but not limited to, recruiting, benefits, employee relations, compliance, performance management, HRIS, workers compensation, safety, facilities/office management, and budgeting. She can be reached by emailing [email protected] or calling 980-422-7953. www.employersadvantagellc.com
