Regardless of the circumstances, making the decision to terminate an employee is never easy or straightforward. If you find yourself in the position of having to let an employee go, it’s important to handle the situation with grace. Remember, this is a difficult time for both you and the employee, so being respectful and considerate goes a long way. Having a plan can help make the process less stressful for everyone involved and prevent any potential legal issues down the road.
When is it time to terminate an employee?
It can be difficult to determine when it’s time to terminate an employee. While there’s no one definitive answer, there are a few key indicators that suggest it may be time to let someone go.
If an employee has:
- Consistently underperformed, despite coaching and support.
- Displayed disruptive or inappropriate behavior.
- Been absent for an extended period of time, with no indication of when they will return.
- Failed to meet the expectations outlined in their performance review.
…then it may be time to consider a permanent solution. These are just a few examples, but ultimately it’s up to you as an employer to decide when a worker has reached the point where termination is warranted.
If you find yourself in a situation where you’re unsure whether termination is the right decision, it’s always best to consult with your HR team, legal counsel, or another trusted advisor.
What should you know before terminating an employee?
Before terminating an employee, you must familiarize yourself with the company’s policies and procedures regarding terminations, provided you haven’t already. It’s also crucial to understand any state and federal labor laws that may apply to the situation.
If the termination is being conducted for cause, you must ensure you have consistent and thorough documentation to support your decision to help protect the company from potential legal action.
If the termination is due to mass layoffs or downsizing, you must follow any WARN Act requirements that apply. The Worker Adjustment and Retraining Notification Act (WARN) is a federal law that requires employers with 100 or more full-time employees to provide at least 60 days’ notice before conducting a mass layoff or plant closing.
Further, some states require written notice of termination. As with all other HR and payroll issues, it’s best to adhere to the most stringent regulations, as that’s the best way to ensure absolute compliance at every level.
How to tell the employee they’re being terminated.
So, you’ve determined that termination is the best course of action. The next step is to schedule a meeting to have a conversation with the employee to let them know. It’s never easy to deliver bad news. However, there are some steps you can take to make the process as smooth as possible.
First and foremost, you must remain calm and levelheaded throughout the conversation. No matter how well you prepare, it’s likely the employee will be upset. As you discuss the termination, be clear and concise. Be prepared to provide specific examples and documentation to back up your decision.
Additionally, if appropriate, it’s helpful to offer any support or resources that may be available to the employee. This could include information about severance packages, unemployment benefits, or job search assistance. By doing so, you can ease the transition and help the employee move on to their next opportunity.
Finally, you’ll want to let the employee know what their next steps are, such as collecting their personal belongings or scheduling a follow-up meeting with HR.
What to do after the termination has been executed.
After a termination has been carried out, it’s important to take some follow-up steps in order to ensure a smooth transition.
- Debrief your team. This will help everyone to be on the same page moving forward and will allow you to address any questions or concerns.
- Document the termination. This will create a paper trail in case there are any legal issues down the road.
- Check in with the individuals who will be impacted by the termination. This includes direct reports, colleagues, and friends.
- Update your company’s handbook and employee records. This will help to ensure that everyone is aware of the changes and that all documentation is up to date.
Terminations are uncomfortable for everyone involved but having a clear process in place can help to make the situation as smooth as possible. By being prepared and knowing what to expect, you can help to ease the transition for everyone involved.