How to fire someone

How to fire someone

Fire Staff

Sooner or later it becomes the unpleasant task of a manager to have to fire someone. The employee can be hit hard too. They can be personally shocked and hurt. It will likely disrupt their life and throw out all their certainties - such as where the mortgage repayment is coming from next month. In fact the situation is one of potential high drama and maybe even dire consequences if improperly handled. When it happens you need to handle it legally and sensitively.

Handling dismissal sensitively

First, be very sensitive to timing. Firing someone the day their child went into hospital for an operation is one way to ensure resentment and to arouse a sense of unfairness that could lead the employee to start looking at ways to get back at you.

Firing isn't a public event or one you can delegate. The news should be delivered personally in a short private meeting. It is wise to have one other respected or impartial person present as a witness to the proceedings. In an age of litigation that's the best measure you can take to protect yourself.

If you want to extend some empathy by offering praise of any good action then be judicious. It may sound callous, but overdoing praise in this situation can have negative repercussions ranging from creating an unfounded hope that the decision can be reversed through to use in court as evidence of the unfairness of your action.

The timing and nature of the departure announcement to the rest of the team and the employee's day of departure must both be settled at this meeting. For both actions the best strategy is 'as soon as possible'. The shorter the time, the less opportunity for rumour to spread or for the situation to upset regular work. This is not heartlessness - it doesn't do the departing employee any good to be hanging around in these circumstances.

Handling dismissal legally

Stick to the facts. Those facts need to be the legally justifiable reasons why you are terminating the employment contract. "I don't like you" or "You don't have the right attitude about X, Y or Z" won't cut it in court. The best favour you can do yourself is to read up on basic labour law, particularly as it relates to such things as discrimination and unfair dismissal.

And you need to be able to back your legally justifiable reason with chapter and verse on the actual incidents that demonstrate the employee has breached regulations or failed to live up to performance standards. That means you need to have, and maintain, a good personnel record management system to track the history of the incidents the employee has been involved in and the warnings or whatever you have given them.

Implementing a formal performance reviews routine, whereby you can record the discussions you have had about performance shortfalls, is a good start. In the context of dismissal these records provide the justificatory evidence that has bought you to this action. Documented history of poor or illegal behaviour is what a court will look for if the matter ever goes that far.

Terms of severance such as pay and benefits should be detailed and accurate. An employee who feels they are being cheated as well as fired is as good as in court.

If you feel unsure of any aspect of the firing process then call your lawyer and take advice. Their most expensive advice will likely be less than a court case will cost.

For more information contact your RAN ONE business professionals at
Academy of Business Excellence Limited