Terminating an employee can be a complex and emotional process for the employer and employee alike. Clear and well-defined termination procedures that prioritize both respect and legal compliance are essential to ensure a smooth separation, support a positive company culture, and minimize legal risks. In this article, we will examine key steps in establishing effective termination procedures.
The Legal Framework
To protect your business from legal liability, ensure your termination procedures comply with both state and federal laws as well as your company’s internal policies and employment contracts. Federal law protects employees from discrimination in employment and requires employers to provide certain employees notice about their options for continued health insurance. State laws can vary widely in their requirements, and many states provide stronger worker protections than the federal government. When you operate in multiple states, the network of laws can become quite complex. For this reason, it’s important to work with a legal expert to ensure your procedures comply with all laws that apply to your organization.
In general, it’s important to document all performance issues so you have a record of the events that lead up to terminating an employee. When documenting problems with an employee’s performance, it’s critical to focus on strictly job-related issues and avoid language that could be construed as discriminatory, such as references to the employee’s gender, race, religion, sexuality, gender identity, age, or disability. Ensure documentation establishes a clear cause for termination that is directly related to job performance.
Managing Employee Performance
Managing your employees’ job performance begins with setting clear expectations. Ensure job descriptions reflect these expectations so job seekers can develop a sense of the position’s responsibilities, necessary skills, and performance requirements before they even apply. The onboarding process should delve more deeply into these details. By providing adequate employee training to support employee success, you can reduce turnover and minimize the need for terminations.
After onboarding, regular communication about job performance will help keep employees on track as well as provide opportunities for documenting issues. While annual performance reviews have traditionally been popular among businesses, checking in more frequently will give you the opportunity to more closely guide employees and promote their success. Ensure employees understand the specific performance benchmarks you expect them to meet, whether they’re on track to meet them, and what actions they might need to take to correct subpar performance. Rather than criticizing, take on the role of a coach who wants everyone on the team to succeed. Provide support, such as additional training or mentoring, as needed to help your employees reach their potential.
The Termination Meeting
If an employee simply cannot or will not meet your company’s expectations and needs to be let go, a respectful and professional termination meeting can help make the process as smooth and amicable as possible. Prior to the meeting, organize documentation of the employee’s performance issues so you can present the reasons for termination clearly and concisely. Be prepared to review the steps that have led up to the meeting, so the employee understands exactly why they’re there. If you intend to offer the employee a severance package, have the details available so you can go over them the with the employee.
However clear and unemotional your reasons for termination, the meeting itself can be an emotional encounter. Employees might experience feelings of rejection, failure, sadness, frustration, and even anger when terminated from a job. Take steps to protect the employee’s dignity by holding the meeting in a private setting, where you can avoid interruption and won’t be observed or overheard by others not involved in the process. Be prepared to handle the employee’s reactions with empathy and professionalism. Avoid personal comments about the employee, focusing only on business reasons for the termination.
Following Up After Termination
After the termination meeting, provide the employee with a termination letter that outlines the reasons discussed and the termination date. Ensure all final paperwork is completed and final compensation is paid according to applicable deadlines. Collect any company property that the employee has in their possession, and update records and security settings so they can no longer access internal systems. When communicating with remaining staff about the termination, be prepared to field questions and address concerns, be honest without disclosing confidential details, and avoid speaking negatively about the former employee.
ESSG specializes in providing back-office solutions, including HR and legal compliance, to businesses like yours. Our workforce solutions experts can help ensure your termination procedures are compliant, respectful, and contribute to a healthy workplace culture.
