5.10 Termination  (Page 3/5)

Most states in the US prohibit employers from “firing an employee in violation of public policy, that is, for reasons that most people would find morally or ethically wrong such as terminating an employee for (1) refusing to commit an illegal act such as refusing to falsify insurance claims or lie to government auditors (2) complaining about an employer’s illegal conduct such as the employer’s failure to pay minimum wage, or (3) exercising a legal right such as voting or taking family leave” ( FindLaw.com ).

The manner in which an organization terminates an employee can send a powerful message to the organization’s remaining staff (Heathfield, How to Fire an Employee). Managers must be aware that seemingly unfair or harsh terminations may cause some of the organizations best workers to become less effective or seek new employment for fear of the same treatment. In some cases, it is appropriate for managers to engage in progressive discipline before terminating an under performing employee. Progressive discipline is “a process for dealing with job-related behavior that does not meet expected and communicated performance standards. The primary purpose for progressive discipline is to assist the employee to understand that a performance problem or opportunity for improvement exists” (Heathfield, Discipline (Progressive Discipline)). By attempting to assist an employee in fixing any problems that they are experiencing in the workplace before terminating them, the organization communicates a strong commitment to its employees, which can go a long way in regards to retention, turnover, and other areas of concern.

Should the decision be made to move forward with the termination process after all other options have been exhausted, it is important for managers to know how, when, and where to break the news to the employee. Supervising managers should generally be responsible for terminating an employee, and it is generally improper to pass this responsibility off to upper management or to the human resources department. Most managers postpone telling an employee about their termination until the end of the week. However, this may be a grave mistake, as the employee will have the entire weekend to complain about their treatment to their coworkers and friends, thereby tarnishing the reputation of the organization. An alternative is for managers to break the news of termination to employees at the beginning of the week. This will give the employee time to “cool off” and think about their next move before they have the opportunity to socially interact with former coworkers during the weekend (Kulik, 2004).

The termination interview is an important aspect of the exit process. The following are guidelines for the termination interview provided by the experts at Hay Associates as seen in Framework for Human Resource Management.

• Plan the interview carefully.
  • Make sure the employee keeps the appointment time.
  • Never inform an employee over the phone.
  • Allow 10 minutes as sufficient time for the interview.
  • Use a neutral site, never your own office.
  • Have employee agreements, the human resources file, and a release announcement (internal and external) prepared in advance.
  • Be available at a time after the interview in case questions or problems arise.
  • Have phone numbers ready for medical or security emergencies.
• Get to the point. As soon as the employee enters the meeting, give the person a moment to get comfortable and then inform him or her of your decision.
• Describe the situation. Briefly explain why the person is being fired. Remember to describe the situation rather than attack the employee personally.
• Listen. Continue the interview until the person appears to be talking freely and reasonably calmly about the reasons for termination.
• Review all elements of the severance package. Describe severance payments, benefits, access to office support people, and the way references will be handled. However, under no conditions should any promises or benefits beyond those already in the support package be implied.
• Identify the next step. The terminated employee may be disoriented and unsure of what to do next. Explain where the employee should go next, upon leaving the interview.