| It is hard to open a newspaper these days and | | | | having another manager or supervisor there with |
| avoid stories about the instability in today's job | | | | you at the meeting. In the case of a lawsuit, you |
| market. Figures for the year ended December 31, | | | | have a witness. You also demonstrate consensus |
| 2007 the Department of Labor's Bureau of Labor | | | | in the decision. If not addressed quickly, one |
| Statistics show that mass layoffs increased | | | | employee's termination can alarm the rest. The |
| approximately a 6% from 2006. However, that | | | | grapevine can exaggerate news in a heartbeat, so |
| figure only reflects those who claimed | | | | be sure to communicate the reasons quickly and |
| unemployment insurance from employers who | | | | positively. You don't want to cause any feelings of |
| cut 50 or more employees at a time. To make | | | | insecurity among your staff. |
| matters worse, employers don't seem to be | | | | DON'T AVOID THE MATTER. |
| hiring; the unemployment rate now stands at | | | | Time is money, and while the employee is sitting |
| 4.9%, up from 4.4% at the end of the first | | | | at the desk being a lousy performer, your |
| quarter. As companies adjust for what may be | | | | company is absorbing the costs of paying for his |
| uncertain times that may lie ahead, lay-offs are | | | | salary and benefits, as well as any related |
| obviously one measure that companies may take | | | | overhead costs. This would only be compounded |
| to cut costs. Unfortunately, letting staff go is one | | | | with the severance pay, continued benefits, |
| of the most unpleasant and, sometimes, | | | | outplacement help, etc. that your company may |
| unavoidable parts of being a business owner. | | | | offer when he actually does leave. |
| No one enjoys the termination process. Firing an | | | | CONSIDER TIMING. |
| employee can be a painful, difficult, and a | | | | Generally, it is not recommended that you fire |
| potentially costly task. Not only do you lose your | | | | someone first thing in the morning, or on a Friday |
| investment of time, money, training and | | | | when a weekend would give the employee time |
| experience, but you can put yourself at risk for | | | | to become angry and resentful. A mid-morning |
| being sued. The highly emotional nature of the | | | | meeting gives him the chance to vent over lunch |
| process can turn any well-intentioned words or | | | | with his co-workers, while a late-afternoon |
| actions into fuel for wrongful discharge suits and | | | | meeting would let him slip out without having to |
| personal resentment. | | | | work amidst whispers of gossip in the office. Use |
| The best way to make sure that you're not | | | | your best judgment. |
| setting your company up for a lawsuit is to handle | | | | AVOID PATRONIZING SYMPATHY OR COLD |
| the entire termination process effectively and | | | | PROFESSIONALISM. |
| without ambiguity. In short, plan. The following are | | | | Offering comfort by saying, "I know how you |
| seven tips for implementing a mess-free | | | | feel" or "I feel awful" will most likely hurt your |
| termination: | | | | employee more than it will make you feel better |
| Avoid Small Talk. Starting the meeting off with | | | | about yourself. As stated before, cut out the fluff |
| questions about the family or last night's game | | | | - it is only insulting in a situation like this. However, |
| delays the bad news only momentarily. It also | | | | mistaking cold indifference for professionalism |
| sets an awkward tone for the not-so-small topic | | | | would not help either. The best thing you can do |
| coming up next. Since this is a final decision and | | | | is to simply offer an explanation and sympathy in |
| not a discussion, all you really need is 10-15 | | | | a manner that shows you still respect him. In the |
| minutes. Come prepared with a speech or an | | | | case of protest or argument, be patient, hear |
| index card with bullet points listing key points that | | | | whatever he has to say, and firmly repeat your |
| you want to make clear. Friendly chatter only | | | | reasons, decision, and sympathy. Don't concede or |
| makes the news more painful - keep it short, | | | | show hesitation. |
| keep it professional. | | | | DON'T OFFER TO HELP AT THE END. |
| AVOID SURPRISES. | | | | Again, be careful not to say things that will only |
| Whether it's staff reduction or poor performance, | | | | provide you temporary relief from your guilt. |
| the employee should have been prepared by the | | | | Unless it is company policy to contribute to |
| time the final decision has been made. If it's a | | | | outplacement services yourself, or unless you |
| performance issue, termination should be the final | | | | really, truly desire to make a commitment to help, |
| resort. For every meeting with or about an | | | | it will only be an empty offer that drags out what |
| employee, there should be notes describing your | | | | will soon be a non-existent employment |
| efforts. It would be a good idea for these | | | | relationship. Not only would you be insulting him, |
| documents and any performance evaluations | | | | but this ambiguity could give him a basis for legal |
| administered by the company to be signed by the | | | | or other appeals. |
| employee. This provides proof that the employee | | | | DON'T END THE MEETING OPEN ENDED. |
| was given recommendations and reviews, and in | | | | Provide a clear time period for departure. Bring |
| essence, guidelines for expected improvement. | | | | the final paycheck. Provide him with contact |
| With proof of fair warning, it makes it difficult for | | | | information of the person who handles these |
| a fired employee to argue unwarranted discharge. | | | | arrangements. For true finality, offer severance |
| "Managers need to prepare well before they | | | | pay, commissions, or outplacement in return for a |
| meet with the employee," explains Susan Herman, | | | | signed waiver of their legal rights. Check with your |
| author of Hiring Right: A Practical Guide. "They | | | | company to find out the time limit employees |
| need to look at the employee's overall job | | | | have to consider these offers. |
| performance accurately and carefully, and make | | | | To maintain perspective, picture yourself on the |
| sure the company's personnel policies are in good | | | | other side of the desk. Imagine how you'd want |
| shape. A team of managers should be involved in | | | | to be treated. |
| the decision." Another form of "documentation" is | | | | |