Layoffs/Terminations/Firings

The Dreaded Termination Letter- Write it “Right” The First Time

Firing an employee is never easy, but it is especially difficult when you rarely need to perform the task. Working in a small business, you cannot afford the same legal slip-ups as large corporations. Instead of guessing what information to include in an official employee termination letter, use these tips to let your former worker know exactly where he or she stands.

1. Stick to the facts. Do not embellish the truth, either for the worker’s benefit or for your own. Avoid language that is discriminatory, biased or derogatory.

2. Focus on specific criteria for continued employment. If your termination case goes to court, you want to be able to show measurable, objective standards for all individuals in the same job classification. For instance, you can document the occasions the employee had been absent or tardy versus the acceptable limit, the number and severity of customer complaints and the amount of unfinished work. [click to continue…]

{ 0 comments }

Sample Termination Letter – How to Write an Effective Letter of Termination

Unfortunately, at some point most supervisors will find the need to write a letter of termination for an employee who is not meeting expectations or who has violated the company code of conduct.

There are a few factors to take into consideration before you begin to write a termination letter. First, consult your company’s employee handbook in all cases to confirm any violation of company policies. Then think about whether the action is severe enough to warrant termination. You’ll also want to consider how you have handled similar breaches of policy or poor conduct in the workplace in order to ensure that your disciplinary approach is consistent and fair.

Before you begin writing your sample termination letter, it’s important to speak to the employee if possible in order to be sure that you give your employee an opportunity to explain their behavior. This is also the time to speak with other employees if the behavior has impacted others, and in order to obtain all of the facts about the situation.

However, if after a discussion and investigation, it’s clear that your employee has breached policy in a way that requires immediate termination, then you will need to proceed with the next step.

There are many ways to write a termination letter, but the most effective letter succinctly summarizes the reason for the termination. A termination letter should include not only the reason for the termination, but:

Dates that you may have discussed any concerns with the offending employee leading up to the termination

Actual date of termination

Whom to contact with additional transition questions

The general tone of the letter should remain fairly neutral and factual, as well as be as clear, yet succinct as possible. A termination letter should not be more than a few paragraphs and certainly not more than one page. Just state the facts and don’t include your personal opinions about the employee’s judgment or character.

If you are terminating an employee in the U.S., be mindful of the fact that some states require that you give the terminated employee their last paycheck will all pay due the employee to date at the time of termination. Some states require that you also pay out any unused vacation time. Be sure to check the Department of Labor for your state to be sure that you are not in violation of any federal or state policies.

If you can, consult with an HR professional or employment lawyer; or take advantage of low cost resources such as articles and books on termination of employees.

Dianne Shaddock is the Founder of Easy Small Business HR, Employee Hiring and Managing Tips. Through the Employee Hiring and Managing Tips podcast, blog, and weekly ‘quick tips’ e-newsletters, Dianne offers expert advice on how to make better hiring decisions, manage difficult employees, develop employee policies, motivate staff, and so much more. No stuffy, corporate HR policy lingo; but straight forward, easy to understand and implement advice for businesses just like yours. Stay ahead of the curve and go to Easy Small Business HR for more tips on how to hire and manage your staff effectively.

{ 0 comments }

Help– How Do I Fire My Employee?

Sometimes the best way to understand a situation is to learn from similar experiences.

The following story is a hypothetical situation of an employer who needs to think about the best way to end a working relationship because of attendance issues.

Maybe this story can help you with your difficult employee issue.

Terry has been working for Greenleaf Landscaping for ten months. For 9 out of the 10 months, Terry has called in sick or has been a “no show” for at least one day out of the month.

Terry always has what sounds like a reasonable explanation. One month, his mother was ill and he had to take her to the E.R. Another time, he was in a car accident. The car was totaled and he couldn’t make it in. In the most recent incident, he and his wife were closing on a house.

Marianne, Terry’s supervisor, shared these details with human resources:

“I want an employee that I can rely on and trust; and who really wants to work here.” “Terry doesn’t fit the bill.” “I want to end Terry’s employment with the company, but I’m so nervous about it.” “I don’t know how to begin to approach Terry about my concerns.” “How do you terminate an employee?” “Can I terminate an employee for being late for work or for being absent frequently?”

How would you respond in this situation?

You are in the best position to fire an employee if you have had clear discussions that have been documented over time.

In this case, Marianne should meet with Terry and share with him her concerns over his numerous absences. It’s important to reinforce that her concerns are not new and that she has expressed her concerns about his attendance over a period of time.

Marianne can then share with Terry what the impact that his repeated absences have on the business. The manager should feel comfortable with the knowledge that she has coached Terry over time and that she has clearly communicated her concerns and gave Terry fair warning that the repeated absences could have negative consequences.

All excessive absenteeism situations are not always so cut and dry. One thing to keep in mind when dealing with excessive absenteeism situations in the workplace is whether there are documented medical reasons for the absences.

If an employee indicates that there are medical reasons for the absence, consult with a human resources expert or employment lawyer.

Just because an employee indicates that they are absent due to medical reasons doesn’t mean that they can’t be terminated. What it does mean is that you should work with the employee in conjunction with human resources or an employment lawyer to determine whether the condition may warrant federally mandated Family Medical Leave, (FMLA), or whether there are any accommodations that should be made for the employee under the American with Disabilities Act, (ADA) before deciding whether termination is the best direction to take.

Remember that there are some circumstances, such as an employee’s serious medical condition, or when the employee may be out caring for a sick family member, where frequent absences may be covered under the Family Medical Leave Act, (FMLA). The key here is that the employee should make you aware of the situation so that you can work with them in conjunction with the law.

You should always consult with an employment attorney or the Department of Labor for your State to learn more about how to handle sick time absence cases if you don’t have access to a human resources professional.

Dianne Shaddock is the Founder of Easy Small Business HR, Employee Hiring and Managing Tips. Through the Employee Hiring and Managing Tips podcast, blog, and weekly ‘quick tips’ e-newsletters, Dianne offers expert advice on how to make better hiring decisions, manage difficult employees, develop employee policies, motivate staff, and so much more. No stuffy, corporate HR policy lingo; but straight forward, easy to understand and implement advice for businesses just like yours. Stay ahead of the curve and go to Easy Small Business HR for more tips on how to hire and manage your staff effectively.

{ 0 comments }

It’s So Hard To Say Goodbye– Why You Shouldn’t Take Your Employee’s Resignation Personally

I’ve heard many horror stories from employees who have notified their supervisors that they are resigning from their jobs:

When I handed in my resignation letter, my boss stopped talking to me.

I thought he liked me, but when I told him I was resigning from my job, he made my life a hell on earth.

Everything seemed to be going well in my job but when I told him that I was leaving, he fired me.

Do any of these stories resonate with you?

Some managers have difficulty with accepting the fact that an employee chooses to leave. For some, an employee’s decision to end their employment seems to represent some type of a hidden message or indictment on their effectiveness as a manager.

Employees leave for a variety of reasons. Sometimes it’s for career advancement. Sometimes it’s to make more money. Some employees leave their jobs to go back to school full time.

Sometimes, employees leave because they have issues with their supervisor, or the company.

That’s why exit interviews can be an invaluable tool that can help you to understand why your employee decided to leave their job and, help you to assess what their experience was like while working with your company.

When meeting with your employee, be open and receptive to their feedback, whether you agree with what they are saying or not. Use your employee’s exit to learn more about what has worked well in terms of their actual job and what things were detrimental to doing his or her best work. Learn about their perspective about the company; everything from their thoughts about company benefits to policies and procedures.

Remember that not everyone will feel comfortable answering your questions. Get their permission to meet with you for an exit interview in advance, and let the employee know that their response is voluntary. Be sure that they are aware that the goal is to learn what you can do differently or better.

No matter what the reason is for your employee’s resignation, it’s incumbent upon you as a supervisor to separate your emotional response from the reality of the situation. Use an employee’s resignation as an opportunity to learn what you can do to make any necessary changes that will only enhance the experience for all of your staff.

Free gift - 6 page report: “Giving Your Employees What They Really Want”

{ 0 comments }

← Previous Entries