Fire an Employee Without Getting Burned

Terminating an employee is an emotional, unforgiving process, fraught with pitfalls that often take a painful experience and make it more costly and time-consuming for employers after the fact. Given that the process by which one terminates an employee can either end the relationship with a clean break or create new and unimaginable problems for the employer, it is crucial for HR professionals to understand how best to go about it and what tools they have at their disposal to forestall conflict.

Most often, the process of termination begins with identifying the type of relationship the employee has with the employer. At-will employees are afforded fewer protections than contract employees, but they are still protected by federal, state and local laws, as well as notions of implied contracts, public policy considerations and so-called employment torts. Thus, there are many civil claims arising from improper, unfair or unnecessarily harsh terminations that employers should be aware of and take action to prevent. What good is it to fire a problematic employee if that individual merely creates additional, more severe problems for the employer after the fact?

HR professionals have many tools at their disposal to reduce these post-termination liabilities other than a mere assessment of the employee’s contractual status. In other words, they have many ways to discipline or even fire employees without getting burned. Specifically, HR has an intricate role when it comes to evaluating employees, giving them candid, thorough performance evaluations, managing their expectations, identifying problematic employees before they are forced out of the organization, taking steps to propose or reach agreements with employees before they leave the organization and, where conflict is unavoidable, working with in-house or outside counsel to successfully defend the employer against employment claims.

HR professionals, including HR generalists and HR specialists, employees with supervisory roles, and business managers responsible for various HR duties, including termination of employment.

Become more proficient in dealing with problematic employees and conveying adequate, truthful and constructive performance evaluations.

Identify problematic employees in the termination process before it's too late.

Understand and use various tools to reach agreements with outgoing employees or, where agreements are impossible, to position the employer to be successful during alternative dispute resolution or litigation.

Employment Termination Source Book

		Michael Jacobson XpertHR View Profile