If you have problems with an employee, you have two solutions: either you try to train them to help them improve their performance, or you fire them. Dismissal is an extreme way out and the employee could experience very strong emotional stress, as well as find themselves in great financial difficulty, especially nowadays. If you go the wrong way, you can expose yourself and your company to a lawsuit. However, there are situations where dismissal is the only way out. This article will show you how to fire someone safely and politely.
Steps
Part 1 of 3: Before Firing
Step 1. Set expectations
Discuss behaviors with your employee that could lead to immediate firing.
Don't wait for a certain situation to happen. Make sure all employees know the rules in advance. These might include failing to have had problems with the police, lying about previous jobs, failing a drug test, insubordination, excessive absences (and specifying what "excessive" means), and other issues that could affect performance. working
Step 2. Establish an annual professional skills assessment
Evaluate employees' work at least once a year, and document deficiencies in relation to the expectations or requirements of the job. When an employee fails to achieve these goals, discuss with them and jointly establish a clear plan for improvement.
Step 3. Make sure you are in a position to do this
Unless you are the owner, you need to know the rules on dismissing your company.
There are several steps you need to go through in order to fire someone, even if the employee isn't doing their job. Never step over your manager, and don't risk your job for taking certain actions, without informing your supervisor
Step 4. Act quickly when you notice problems
Make sure you communicate them right away and teach your employee how to improve.
- Sit down with him and discuss the problems. Ask him what's going on and why his performance is below average; offer him suggestions for improvement.
- Keep a written copy of these conversations: have him sign a document detailing the discussion you had; or send a formal email, or do both. If you send an email, ask your employee to reply when he reads it, both to make sure he has received it and to give him the opportunity to reply in writing.
Step 5. Consider personal factors
Even if companies must keep their productivity first, worry about the workplace and profits, it is advisable to do a little research and consider all the external circumstances, which are part of the employee's life, which may have temporarily influenced the its performance. Health problems, a death in the family, a divorce or a relationship problem, stress, or economic problems, are all elements that, understandably, can cause a worker to lose focus. However, the productivity drops associated with these factors could be momentary and firing someone in this situation would be cruel, as well as potentially giving bad publicity for your company. If you can, try to keep an overview of the situation, and give the employee an opportunity to solve their problems and improve at work.
Step 6. Focus on the problem
When giving advice to an employee, focus on the facts, leaving out personal comments. Saying, "You missed the deadlines for 11 of the 16 assignments" is appropriate; "You're slacking" no.
Step 7. Always keep a track
If necessary, you can prove that firing that employee was not a whim, nor was it an arbitrary decision.
- Keep a record of all disciplinary actions. Have the employee sign a document certifying the conversation to protect you and the company. It should be specifically reported that the employee does not admit his guilt, but that he has been told that his performance is not satisfactory.
- Outline the specific goals and changes required to keep the job, and give clear deadlines for when these improvements or changes need to occur.
- Establish milestones. Problems cannot all be solved at the same time. Giving him a schedule of times, key goals, and their respective deadlines will help him point out any improvements, as well as gaps.
Step 8. Make it clear that the next step will be firing
If the employee continues to be poor, make sure he understands that improvements must always be in line with standards, otherwise he will be fired.
Part 2 of 3: Preparations
Step 1. Make a plan
Analyze how your team will work without this employee. Think about his responsibilities and how to assign them to someone else, or hire someone more capable.
If you decide to hire another person as a substitute, be careful how you move. If you are unhappy with your employee's job, there is a possibility that he is too, and maybe he is already looking for a job elsewhere. If he happens to see a job posting in the same job as his own company, he may understand that he is risking the job, and may experience it as a personal offense. It may also take retaliatory action, such as sabotaging customers or stealing business secrets
Step 2. Consider making him an offer
If there is a risk that the employee will challenge the dismissal, it is a good idea to propose a few weeks or months of pay in exchange for a consensual agreement to terminate the employment relationship. This way you protect yourself and the company from a harmful legal battle. It is also a compassionate way to help a person during a difficult time, such as looking for a new job.
Step 3. Get ready to fire
Choose a secluded spot so that both of you are comfortable speaking bluntly. There may be questions about other employees who have never been out before; or salary information, which should not be disclosed indiscriminately.
Part 3 of 3: Dismissal
Step 1. Know what you are going to say
Tell your employee the reason for the meeting in the first 30 seconds when they enter the room. If you drag the matter on, you only hurt yourself and your employee.
Try saying something like: "Marco, I called you because you are always unable to work at the levels established for your role. Don't tell him:" So Marco, how is your family? Your wife is about to give birth at any moment, right? Oh, he is really a very sweet person. "At the very least Marco will think you are mean when you then continue the conversation by saying:" You are fired"
Step 2. Don't allow him to continue the conversation
You set out the case and the reasons for the dismissal, you gave your employee enough time to correct his or her shortcomings, and nothing has changed. The employee already knows what awaits him now, so aim for the goal and tell him the truth, without going into too much detail. Some things have already been discussed in previous conversations.
- You don't need to explain your reasons. If there is a need to repeat them, you can always put them in writing in a letter, but frankly the less you say the better. You can say, "I know we've discussed the same issues a number of times. Despite repeated warnings and recommendations, you haven't achieved enough improvement."
- However, if the employee asks you why, provide them. Some insurers that cover job loss need a letter of motivation to make the payment.
Step 3. Be direct
As already mentioned, tell him everything you have to say. Don't let your employee start a discussion or controversy. "For these reasons, I'm sorry, but I have to fire you."
Step 4. Briefly explain the details
Be sure to describe, both in writing and verbally, all the next steps, such as returning company equipment or time to clear the desk. If there are any offers that the company wants to make to the employee, explain them to him. If necessary, remind him of the contract and legal notices he has signed in the past - for example, the secrecy clauses.
- If you ask him to sign a legal deed, allow him to keep the document for a couple of days to view it.
- Let the employee know if you will contest their unemployment claim. If you are firing him due to misconduct, excessive absences or insufficient benefits, it is your right to veto his unemployment claim to his company if he is insured. However, this is a difficult battle to win, and depriving an unemployed person of these benefits can turn a "quiet" layoff into a war in court. Either way, let the employee know your intentions.
Step 5. Offer to help
Usually the employee you fired is not a horrible person, he just wasn't fit for that job.
If you think he worked in good faith, but just lacked the skills needed to do that job, you could offer to write him a reference letter about his reliability, attitude, teamwork, anything he was good at in his job. Thank him for a job well done, and wish him luck in future endeavors
Step 6. Prepare for an angry reaction
Even if it is clear that you are only doing your duty, your employee will be upset. If he gets violent, call security, other employees, or the police for help. If he insults you or has an emotional outburst, do your best not to respond. Maybe you don't deserve all of this, but it could be a help for the employee to get through this moment.
Step 7. Maintain a professional tone
Even if you liked the employee as a person, you need to keep a professional distance at this point.
This will help the one who is now a former employee to know that it is not a personal matter, but a business one
Step 8. Don't take it personally
It's hard to fire someone, especially when they need that job. But remember that you are responsible for your employees, and if they are wrong, you are wrong too.
Advice
- Know that turning an employee away isn't always bad for them in the long run. It is certainly stressful and can create difficulties in the moment. On the other hand, if the person is not suitable for that job, they better be free to do a job they can do better. Sometimes dragging yourself into a job that doesn't match your abilities is stressful for the person himself, more than you can imagine.
- If you are concerned about having a problem, fire an employee in the presence of another manager (office or conference room). If things get worse, you'll still have a witness.
- Be clear about responsibilities and duties when hiring an employee. Provide them with a detailed job description, which they will need to countersign to show they understand the type of job they are accepting.
- The Human Resources Department (if your company has one) is a great resource. You may want (or need) a Human Resources manager present during the meeting.
- Based on how you handle this layoff, other employees will get a sense of you and the job. If you are unfair or rely on chance, they may think they will be the next to get fired. If you call security for the fired employee to return the entry keys and leave immediately (if there is no legitimate threat to the company) they will think you are mean. Remember that other employees may be his friends.
- Document the course of events to show that you tried to talk to him at least once and that you gave him at least a chance to correct his shortcomings before firing him. This is the least you can do, although most employers give at least 3 chances, unless the action is more serious.
- Ask yourself if the real problem is the incompetent employee, or if your skills as a manager have any correlation with their poor performance.
- It would be better to fire him on a Friday, so that the excitement does not cause disturbances during the week. On the other hand, doing this during the week would allow other employees to come to you with any concerns, rather than fret over the weekend.
Warnings
- Be careful how you get fired, verbally and in writing. You could be putting yourself and the company in a difficult position by saying something wrong.
- The laws of some states are based on the use of "will". In these states the employer can essentially fire an employee without reason, and on the other hand, an employee can leave without notice. In these states it is better to know the legal quibbles. Also keep in mind that even if you fire an employee for no reason, it doesn't mean for any reason. For example, a discrimination based dismissal is not allowed.
- You should consult with an attorney and understand what laws regulate employment in your state, to be sure you comply with them and treat your employees fairly.
- If you don't have proper documentation, such as the employee's signature on his job duties, performance appraisal, etc., your company could lose a lawsuit challenged by a disgruntled employee. If you have an employee who creates problems and you want to get rid of them, start writing down their bad behavior. Create a file in its name reporting everything that happens; take note of when a violation occurs; and seeks to have witnesses in case of serious incidents. Don't assume they will believe you, so be prepared to have paper evidence.
- Dismissal, under the laws of your state, could expose your company and even yourself to lawsuits for discriminatory behavior or for unfair dismissal.
