Termination Practices

jburmeister

OK - one more question for today.

I know there is really no comfortable, easy way to terminate employment.

I was wondering if you all could share your different approaches to terminating employees due to performance issues.

For example, how do you start the conversation, do you just use a letter, do you answer questions when the employee starts defending him/herself?

Also - if we have supporting documentation (e.g. e-mails from other employees complaining about certain behavior, etc.), can that be used during the termination process - would we even want to, or have to explain it since we are an "at-will" employer?

I want to try to be as humane as possible as the HR Manager, but at the same time I want to get the point across that the termination has been thoroughly investigated and "thought through", and it is non-negotiable. So...do we let people vent and "make their case" after we tell them that their employment is being terminated? It seems the more of that we allow, the more upset and hostile people end up getting.

How do you all approach these types of situations?

Thanks!

New HR Kid on the Block

Balloonman

I can only speak for myself, but I kinda script out what I want to say........think over objections etc.....review it rewrite it then run through the conversation in my mind. I feel often you can anticipate how a person will behave. I always allow for the unexpected verbal outlash at me or the company. Last person I let go pointed out I am ruining the company as he cursed me out. Actually made the termination easier. I allow some venting, but still control the flow of the conversation.
I find the more prepared I am, and I have notes ready to make sure I cover everything, the better they usually go.
My $0.02 worth.
DJ The Balloonman

Don D

Stick to the facts. control the meeting. Have complete notes before you. Schedule the meeting at your own convenience. Control the meeting. Don't be pretentious. Don't tell him it hurts you more than it does him. Control the meeting. Say his employment is being terminated, not HE is being terminated. Tell him generally why but unless your state requires it, don't go into exhaustive detail (as you said, it's not negotiable now). Never do it by letter unless the ee is off on suspension or otherwise not available to you. Control the meeting. Typically have a witness, preferably his supervisor. Be precise about what comes next i.e. John will go with you to your locker or Mary here is going to go with you as you collect your personal things. Control the meeting. Never get emotional. Never think you can anticipate the reaction because you'll be wrong 9 out of 10 times. Don't personalize it at all. YOU aren't terminating a person's employment - you just happen to be the deliverer of the news. Control the meeting. Don't lie. If you give a reason be sure it is precisely the one you will record and report to the UI office and the EEOC if challenged. I don't believe the baloney about doing it Friday at 4:48 or Monday at noon. Do it whenever it fits your schedule. Never embarass the individual and give that much thought before you have them walk the green mile. Control the meeting. Don't expect perfection in your self assessment. Stay professional. Lower your voice. Be prepared to screw up in a minimal way the first two times. Did I mention Control The Meeting? I say that because the dismissee will very often suddenly get in control if you let him. If you must, tell him to sit down or tell him to let you finish. If he won't, usher him away and do the paperwork.

I recommend you ASAP seek out community seminars, some free or cheap ($99-$200), that deal with First Time Supervisor/Manager, or Recordkeeping/discipline/Safe Terminations. These are put on by a large variety of people. Worth every dime.

Balloonman

So Don how important do you feel it is to control the meeting? x:P
My $0.02 worth.
DJ The Balloonman

Pork

Balloonman: even you know that "CONTROL OF THE MEETING" is the number #1 facet of the meeting. Now, unless this is one of my employees or I am the "King Boar" on the lot because I have been the designated Investigator with authority to take appropriate disclipinary action, it is not I that CONTROLS THE MEETING, BUT THE MANAGER/SUPERVISOR THAT CONTROLS THE MEETING....

In a termination meeting there is no time scheduled for discussions of the action. There should only be time to clarify should the employee not comprehend the current and future actions or things to do, like time to clean out one's desk, or benefit actions, correspondence like COBRA/UI/PAYCHECKS, etc.

Iam often the witness, but seldom the action manager.

PORK

System

Very good information here, but I am surprised by how many of you feel the role of HR is to conduct termination meetings. The manager of the employee being terminated should almost always conduct these meetings. HR's involvement is to insure fair, equitable and legal treatment on behalf of the employee and the company during investigations and/or the disciplinary process. We should also counsel managers through the disciplinary process, coach managers on how to conduct the termination meetings and at times, serve as the witness/"meeting controller". Despite popular opinion, we're not the executioner.

Parabeagle

In an ideal world I agree with you. However, in the real world I have never worked for a company where I didn't have to do the terminations. Some executives just expect HR to be the executioner because they don't want to deal with it.

mwild31

Hi gyost - I think HR's role is to do everything you outline & to conduct the termination meetings - it's been the practice everywhere I go & I really wouldn't want it to be any other way. By HR conducting the meeting, the company knows that the term. meetings are conducted in a consistent manner with a reduced potential for liability. Yes, you could train managers/supervisors to do it in a consistent manner - but why invest the training $'s? I would rather they remained on the floor (or where ever they need to be) and making the company money. Just my thoughts.

marc

Preparation is important. Make sure you have reviewed the documentation and that your policies have been followed. Always have a witness. Begin the meeting with the termination news, and yes, the employment is being terminated, not the person. Be ready to handle the "why" question, but do not spend a great deal of time rubbing salt in the wound. If you have progressive discipline policies, termination should not be a surprise. The ees often know it is coming and if it is some sudden precipitous event, they still know. As Don said, let them know what will happen next with respect to gathering personal belongings, turning in keys, tools, etc. Give them their final paycheck before they leave the building.

If they request copies of files, know your company's policy. I say get the request in writing and handle it in a day or two, after the dust has settled and they have had a chance to get over the shock.

There are different stategies depending on the 'agitation level' of the situation, and as difficult as it may be, think about two or three levels of response for the 'what if' scenarios that may unfold.

Parabeagle

Not surprisingly, Don said it all with "control the meeting." The rest of his palaver was just filler because he gets paid by the word. (I'm kidding, Don. Don't send those bottle tree bullies up here)x;-) Seriously, everyone has put in some good advice. I think that you will probably develop your own style for doing terminations after you have a few under your belt. I can't emphasize enough, however, that you try to:

1. Let the individual retain his dignity throughout the process.
2. Have tissues at the ready. 8 times out of 10 you'll probably need them.
3. Use nonconfrontational language. My favorite (for performance-related terminations) is something like "We've determined it is in the best interests of both you and the Company that we end the employment relationship."

As I mentioned earlier, though, you'll develop your own style over time and with experience. Here's hoping you don't do enough of these in your career to develop your own style, though. Good luck.

Rockie

Beagle's #3 is really a good one to use when you don't want to get into an extended conversation with the individual being terminated. Indeed, it is best not to start rehashing old things or going into details about the "why's". You can always say "the decision has been made and it stands" if they get argumentative. You can also use this tactic for the employee who wants to bargain "just give me one more chance".

I find most times, it's not THAT much of a surprise when an employee is being terminated (especially if you have followed good disciplinary procedures). Most of the ones you think will get loud and obnoxious sometimes are quite the opposite as they really aren't surprised.

I think the hardest ones to deal with are the ones where you are having to downsize and the person hasn't a clue until they sit in your office I usually start these with something like "I have some unpleasant news to have to deliver today". These are usually the ones that get emotional.

guymandude

This is easy. What would you want said to you? Say that.

Guy

HRQ

Great advice from everyone.

No matter how nervous you might be, keep constant eye contact. If you show you are nervous by only looking at your paperwork or fiddling with your pen, the employee may think you aren't confident terming is the right thing to do and think he can argue with you.

In your termination document, be specific enough that he can't argue. Saying "you aren't diplomatic with the customers" will be argued with "yes I am". Instead, use examples: "a customer reported to me that you refused a refund and said 'that's the rule and I don't make the rules'" then explain what appropriate behavior is.

If/when he does argue, I agree with the others' advice to say "the decision stands". I always encourage the employee to complete the exit survey form completely and honestly so we can learn from his input.

Terms are almost never easy but good planning usually helps the procedure go relatively smoothly and quickly.

ray a

Lot of good advice from all. Over the years, I have learned, sometimes the hard way, that everything Don said is true.

I try to be compassionate (unless it is for some egregious reason, then I am very matter-of-fact). Let the person have their say, but know when to reel them back in without appearing to cut them off. Don't ever argue or allow it to become a negotiation. Be firm, but polite. I like what Parabeagle said about dignity - be respectful. I always have a witness, the immediate supervisor and a record of the facts. I do not use other people's testimony to potentially put them in a precarious position - always use the 3rd person "we". Also, I tell them right up front the purpose of the meeting. Don't make small talk or leave them hanging.