Preparation

There must be a dialogue with the employee right from start. Outline your expectations and the company's rules. If the employee is performing poorly, you need to inform them of specific performance issues, in a timely manner. That is called "due process." You shouldn't fire an employee for poor performance if the employee has no idea that his performance is poor.

A detailed summary of the most recent event that has resulted in the employee being considered for termination. All pertinent facts should be included and all facts must be backed up with copies, or if possible the original documents that pertain to the termination decision. Be sure to include all the documentation, not just items which strongly support your case and neglect to include documentation which is somewhat gray or contradictory. The facts reflect the truth of what occurred, and all the facts need to be documented and considered before the final decision is made.

Fire Contractors

Most employment contracts have a clause with regards to the termination of the contract if the employee consistently fails perform to an acceptable standard.

How to Terminate Staff While Keeping Business Relationships

Today's managing partners are increasingly faced with the task of terminating managers, lawyers, partners and associates alike. The reasons for termination can take many forms: poor performance; poor personality fit; lackluster economic viability of the individual; and a host of other reasons. Whatever the cause, the repercussions of termination must be managed.

Clearly, the repercussions of termination are not wholly avoidable. Individuals who are terminated often are traumatized. Often others in the firm, those not let go, are equally fearful. Clients, too, are often at a loss to understand the decision.

PLAN THE TERMINATION MEETING DOWN TO THE DETAILS

The saying "Praise in public, discipline in private" is never more important than when an employee is terminated. All the hard work you put into making sure your documentation is in order can be lost if this step isn't done just right. Using the five W's - Who, What, When, Where and Why is a good checklist to ensure all important issues have been considered.

Who - determine in advance who should be present at the final termination meeting. At a minimum there needs to be yourself, the employee being terminated, and another management witness. Be sure to include the Human Resource professional in such planning.

Personnel Committee

Organize a personnel committee. A personnel committee should include all key "players" so that any decisions to terminate are viewed as firm decisions, not individual decisions of disgruntled partners. It is great to have a lawyer on the committee.

Pertinent Questions

After forming a personnel committee, the committee should develop a detailed plan for the termination.

What - Maintain control of the meeting. Keep it short, to the point and professional. Don't allow the meeting to turn into a debate. By this stage you should have already met with the employee at least once as part of your fact gathering process.

If the employee wants to discuss why the termination is inappropriate allow him/her to finish their statement without interruption and then calmly tell the employee all the facts have already been considered and the decision of yourself and management is to proceed with the termination. Don't try to make the employee feel good during the start or close of the meeting.

Telling an employee everything will be all right, that they had one of the best quality records in your area but their absenteeism was below par, sends mixed messages. Stay focused on the purpose of the meeting.

When - The termination needs to be timely in respect to the most recent infraction which resulted in the associates termination. A sure loser is terminating an employee several weeks after the date of the infraction.

The termination should occur within one-two weeks of the rule violation to be considered timely. Avoid terminating employees on a Friday, as that can result in an employee leaving in a highly emotional state with no where to turn to for help on the weekend. You should plan for your Employee Assistance Department or Human Resource department, if applicable, to assist the employee in dealing with the emotional impact of the termination.

Terminating on a workday other than Friday also allows the employee to quickly begin the process of applying for unemployment insurance, and enables the employee to begin the process of finding another job

Where - Pick a location that maximizes (1) the employee's privacy, minimizes (2)the exposure to other employees and minimizes (3) the distance you will have to walk them to the door. If there is concern the terminated employee may become hostile, you may also need to consider having an off-duty police officer on site. There is a minimal cost associated with such service and the sight of an off-duty police officer in the vicinity is most often all that is needed to ensure an employee leaves quietly and quickly without disruption.

Why

Typically, the manager is not completely surprised by the news. If his work has been dwindling or performance has been questionable, it's often a matter of time before the subject of termination comes up. However, it is always a shock to be told a person that he is losing his position. The firm has a responsibility to handle this step with sensitivity and respect.

So that the employee is entitled to be told why they are being terminated. They should be given a copy of the disciplinary letter outlining the reasons for the termination.

The employee is not entitled to a copy of all the documentation you have assembled. The best method to avoid being asked for information you are not willing to provide is simply not to bring in any more information than needed for the termination meeting.

SHOW THE EMPLOYEE RESPECT ALL THE WAY TO THE DOOR

Walk them to the exit, offer your hand as they leave and wish them well.

WHEN IT'S OVER, IT'S OVER

The time invested in making sure it's done just right goes a long way to ensuring justice has been done toward the departing employee, and greatly lessens your chances of ending up in court.