Fired...
If you’ve read the article “Ready, aim..” then you’re ready for it’s sequel. Here is how the actual termination conversation should take place.
Conducting a Termination Interview
If after two oral warnings, one initial written warning and one final written warning (and perhaps a period of suspension without pay) it is obvious to you (and probably the employee) that the employee cannot remain in your employ, it's time for a termination interview, To get ready for the termination interview:
- Assemble two copies of all of your documentation of the employee's
performance issues, including all recorded oral warnings, written warnings,
suspension notices, performance evaluations and any other pertinent
paperwork such as letters of complaint from customers or fellow employees.
Don't forget this: Terminations must be the result of a process, not a single impulsive event. Your documentation should bear witness to this concept.
- Ask yourself as an objective test, have you done everything possible to
inform the employee of the issues, have you offered help to correct the
problems and have you tried to give positive encouragement? All of this will
show that you did not impulsively dismiss someone because of personal or
prejudicial reasons.
- You need to have the right attitude. Do not go into this final stage
thinking that you have failed. You have done everything possible and you
should believe that the employee has set himself up for this action and you
have been only the monitor of their performance or lack of performance
progress. You are just the messenger of this decision. Also, look at this as
a potentially positive experience for them because it forces them to re
evaluate how they earn their money. Problem employees often sense they are
not performing up to the job requirements or to their own potential. Because
of this, their morale is not usually the best and termination may be a new
beginning as well as a relief.
- Set the termination day, time and place that is best for your schedule.
Always terminate at your convenience. If you have made the final decision,
but there is a store inventory for the next two days, you may need this
employee's help for that project, and you may not want this to be discussed
during the inventory and distract the other employees' attention.
Whenever possible, terminate on a Monday so it won't disrupt the hectic weekend and so the terminated employee has an entire week to do actively seek another position. Firing someone on Friday only forces him to sit and stew about it all weekend. Also, choose a totally private place for the termination.
- Discuss the termination with a third party your boss or another manager
to see whether they agree with everything you have done to reach this final
stage. This other manager will always be more objective than you will be and
may give you some points of view you have not considered. Probably, they
will reinforce your decision and make you that much more confident in what
you are going to do.
- Be prepared to discuss severance pay. There are no federal or state laws
requiring severance pay. If you have a company or store personnel policy
manual,× follow its guidelines. As a matter of courtesy, full-time employees
should get paid in proportion to their time on the job; for example, one
week's pay for each year in service. When you give them the check, have them
sign a release-from- liability form similar to the example in this chapter.
- Whether you give the employee a letter of recommendation depends on the
reason for the termination. Obviously not, if it is for a major infraction
such as theft. In other cases of termination, you may give a letter of
recommendation only if you feel one is necessary to secure the employee's
cooperation. Be sure the letter's content does not conflict with the reason
for termination. A complimentary letter could come back to haunt you in
court. Be sure that any compliments are based in fact. Put a memo signed by
the employee in the employee's personnel file, stating that a letter of
recommendation not disclosing the reason for termination was given.
- Later, when a potential employer calls for references, you usually should give only the briefest details -- especially in the case of an individual terminated for unsatisfactory work performance -- when a potential employer of the person calls for references: dates of employment and last position held. You may be tempted to share details of poor performance, but it is prudent not to do so. Comments or situations can be easily misunderstood and courts are full of cases of alleged employer slander or libel. The tone of your voice over the phone might be sufficient to warn a prospective employer about chronic performance problems.
You may want to ask the terminating employee to sign a release protecting you from any liability and allowing to you be open during reference calls. Keep good records of such releases.
If you are free and protected to discuss performance, be certain to make only objective statements such as, "He was disciplined twice in a year for coming to work late." If you are contacted by phone, use a call-back system to verify the identity of the caller. Ask the caller for name, title, company and the nature and purpose of the call.
If you don't have a written, signed consent form from the former employee, get one. And then provide only dates of employment, job titles and time in each position, promotions, demotions, attendance records, salary and reason for termination. The reason for termination should avoid any details, just give the formal reason.