Termination

I have never been fired, nor have I ever fired anyone before, but if I have to terminate someone, this is how I would do it:

For cause

If an employee is someone like Bob from the section on Discipline, and I have given him every possible chance to improve his performance but he still persists in his behavior, then I will have all of the documentation I need to terminate him from the steps followed using progressive discipline. I will have already given him at least three verbal and/or written warnings, including suspension without pay for a brief period of time. I will have documented each of our meetings both before and after the disciplinary actions, and what was to be expected of his performance following the meetings, so that I will have a ready defense should the individual decide to sue.

Thus, to terminate Bob or any other employee for cause, I will call the employee in for one last meeting (not on a Friday), and give him one last chance to explain his actions, as part of the final step of progressive discipline. If he tries to explain his behavior, I will consider his explanation and investigate where appropriate. However, barring any new information that may affect his situation, I will let the employee know that the decision is final and irreversible, and that all of management agreed to it. I will then go over the effective date of termination (which will most likely be that day), and I will then present the employee with a written summary of his benefits, including two weeks' severance pay, COBRA coverage for health benefits, and compensation for any unused vacation and/or sick time. Even though I am terminating the individual for cause, I would still provide some kind of severance, both as a goodwill gesture and to obviate against any potential lawsuits. I will then go over the procedure for collecting his personal belongings and turning in ID cards and keys, if applicable, and I will let the employee know that he can participate in a confidential exit interview with the HR Department. I will then thank the individual for his work, and wish him good luck. As suggested by the last item in the CCH Termination Checklist, I will then stand and extend my hand to the employee, and remain standing until he has left the office (hopefully without incident).

If I am able to, I would also want to try what the WorkingWounded.com reader on p. 323 suggested, and let employees terminate themselves. The procedure outlined in the book is as follows: The manager discusses the problem with the employee, and then tells the employee to take a day off to think about it, and to outline 20 ways he or she can improve his or her performance. If the employee decides to return and the problems persist, then he or she will be terminated. On the other hand, if the employee chooses not to return, he or she will be give two weeks' pay plus any other money owed, upon request.

According to the textbook, whenever this system is used, the employee will almost always choose to take the money and not return. If given a choice, this would be my preferred method of termination. If the employee leaves of his or her own accord, the individual will save me the trouble of terminating him or her and to some extent, will also save his or her dignity (at least according to the textbook). On the other hand, if the individual is serious about saving his or her position, he or she will probably make a concerted effort to improve his or her performance and will once again become a productive, hard-working employee, which should be reflected in his or her performance evaluation. Either way, it seems like a win-win situation.

As others mentioned in the discussion board, this method probably works best with employees who are likely to become confrontational or react badly to being terminated, so I would probably save it for such occasions and not use it for all terminations. (It would probably work very well in Bob's case, for instance.) If I am unable to use this method, then I would take a more traditional approach to termination, as outlined above.

For reasons not related to cause

If I have to terminate an employee for reasons other than unsatisfactory performance or misconduct, such as a reduction in staff, I will follow a similar procedure. In the case of a layoff, I will try to set as late a termination date as is permissible, and also try to provide job hunting and/or resume writing assistance to the employee. Most employees who are being laid off or otherwise let go for reasons unrelated to performance or misconduct will appreciate the extra help and/or time to look for another job.

If an employee has to take a leave of absence, I will try to stay in contact with the individual and find out if he or she intends to return. If the employee is unable or unwilling to return to work, I will let the person know that I will have to terminate him or her when the leave period is over. As with other terminations, I would notify the employee of any benefits and severance pay they are due in writing, and also inform them of COBRA coverage for their health benefits (this especially for employees who are on leave due to illness or injury). I would also offer job hunting help, if it is available through the organization. I'm not sure how items such as personal belongings and keys and IDs would be collected in such cases, but I assume it's possible to arrange for the individual or someone close to them to come by the office, or to arrange for the items to be mailed back to the organization or to the employee.

I haven't been fired before, but I have been laid off. No matter what the reason, being let go is stressful and often painful. With employees who are being laid off, I would try to make the transition as easy as possible, and I will strive to be as fair as possible to employees who I have to fire for cause, and not provide them with any reason to file a lawsuit.