Copyright
(c) 2008 Lois P. Frankel, Ph.D.
Corporate Coaching
http://www.corporatecoachingintl.com Tired
of hearing managers and supervisors complain that their HR department will never
let them fire anyone? Having spent nearly three decades working in the employment
field, ten of those inside a Fortune 10 corporation, I know that’s simply
not true. What is true is that HR wants to be able to show that managers have
taken the appropriate steps to coach and provide corrective action before firing
anyone. In other words, limiting unwarranted liability resultant from a termination
is critical. Follow these ten commandments of termination to fairly, lawfully,
and in good conscience release underperformers: - Thou shalt coach before
firing. Except where there has been an egregious infraction of company policy
(theft, firearms in the workplace, or threat to the safety of others) when termination
is immediate, you should spend time helping the employee to understand where his
or her performance is lacking and what steps can be taken to bring it up to company
expectations. This ensures the employee won’t be surprised if a termination
ultimately ensues.
- Thou shalt document everything. Performance
reviews, e-mails related to coaching sessions or agreed upon goals, written warnings,
and even your own notes may be needed to support the decision to terminate. Should
a lawsuit result, documentation will also help to protect you and the company.
Just remember even if the notes are not in the employee’s personnel file
they are still discoverable in court so keep them factual and objective.
- Thou
shalt not “lay-off” poor performers. In some situations, if you lay-off
an employee there is the reasonable expectation that he or she is eligible for
re-hire. When terminating for cause, call it what it is. If you’ve done due
diligence around coaching and progressive discipline it shouldn’t come as
a surprise.
- Thou shalt follow company precedent and termination
policies. Companies have been found liable for wrongful termination where they
failed to follow their own policies around discipline and discharge. To protect
yourself and your company from unwarranted liability be sure you are treating
this person the same as you have treated others who were similarly situated. If
you’re not sure, consult with your corporate or outside labor counsel.
-
Thou shalt not fire in anger. It’s better to send the employee home with
pay and let him or her know you will be investigating the situation than to fire
on the spot. This gives you time to review past policy, precedent, and gather
facts.
- Thou shalt not fire on Friday. When an employee is fired
on a Friday this leaves the entire week-end for him or her to stew over the situation
and plan revenge - legally or with more aggression. Firing on a week-day enables
you to direct his or her energies toward beginning an immediate job search.
- Thou
shalt allow the employee to leave with dignity. Terminations should be done in
private, in a neutral location (not your office or the employee’s office),
and be witnessed by one other member of the management team. Arrange for the employee
to clear out his or desk before or after hours with a member of management present.
If it is financially feasible, the employee should be provided with a separation
compensation package that takes into account his or her years of service with
the company.
- Thou shalt provide the employee with resources. The
sooner the terminated employee finds a job the better it is for the company. If
possible provide outplacement services, a career counselor or help with resume
preparation and job search.
- Thou shalt not provide a written
letter of reference. These often become smoking guns in lawsuits (“if I was
so bad, why did he say these nice things about me?”). Instead, assure the
terminated employee that you will provide a neutral reference that includes his
or her job title and dates of service. Make this a company policy so that everyone
who leaves the company - on any terms - is given the exact same kind of neutral
reference.
- Announce thy decision. Rather than let the rumor mill
run rampant let the people impacted by the termination know that Joe or Jane is
no longer with the company. Tell them you are not at liberty to discuss the facts,
but that this person was treated fairly, his or her departure was not a surprise,
and that anyone who leaves the company will also be treated fairly and with respect.
This puts the rumors to rest without bad-mouthing the terminated employee.
Credit: About the Author:
To receive free monthly coaching tips like this one contact Dr. Frankel at
info@corporatecoachingintl.com
or visit her website, http://www.corporatecoachingintl.com
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Ways To Stay Up In Down Times Reprint
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