How Not to Suck at Firing Your Employee; or 5 Tips for a Smoother Termination

September 16, 2013, by HR à la carte | Dealing with Difficult Employees

This blog post is courtesy of a friend of mine who was recently fired from his position.  It wasn’t the fact he was fired that got me riled up (which yes, was very unfortunate); it was the way he was fired.  His experience is unfortunately not unique.  The lack of common sense, courtesy and plain empathy always astounds me when I hear of others’ similar experiences.  Besides the fact that it can land you in legal hot water, it’s just plain rude.  There is a better way to get to the same result and you can look yourself in the mirror at the end of the day and know you did your best in an awkward and unfortunate situation.

Here are my tips for how not to suck at firing your employee:

• Own the decision!

You’re the manager.  You made the decision to terminate your employee’s employment, so take responsibility for the decision and own it.  This means you are the one delivering the message to your employee directly.   You do not leave it up to your HR representative or other manager to do the dirty work for you.

• Be truthful

Ensure you are being truthful about the reason for the termination.  Do not make up a bogus reason as to why you are letting the person go.  They will see right through it and you may be served with a wrongful dismissal claim.  Do not say sorry because you’re not.  This is the outcome you want.  However, do be empathetic.  Do say that you appreciate their many years of service prior to this.  Do let them know that you will be available to help should they have any questions regarding their severance package, reference letters, etc.  (Courts do look at whether employers are helping the employee with their duty to mitigate by providing reference letters, etc.) 

• Follow the golden rule

We’ve all been taught to treat others as we would like to be treated.  The same applies here.  Think of what you would need in a similar situation.  Will the person be okay to drive home after such a shock?  What do they need from you in order to get safely home?  Do they have someone at home or someone they can call to help them through the situation?    Can you have a counsellor perhaps reach out to them to help them through it or an outplacement service?  Employee Assistance Programs often offer this type of service.  

• The question of returning to their desk

Many companies have a blanket policy that they won’t allow this.  I fundamentally disagree with this unless the employee in question is prone to aggression or violence.  In most situations, you can have the employee come back after hours or on a weekend and escort them to their desk so they can pack up their personal effects, etc.  Yes, you watch to make sure they are not taking proprietary information, but it allows them the dignity of not having their stuff thrown into a box willy-nilly and shipped off to them at some unknown future date.  I have made it a practice to give people the option of either coming back after hours or having me pack up their stuff for them.  In my experience, it’s a 50-50 split.  However, the fact that I’m giving them the choice helps them take a little bit of control in a situation that is totally outside their control. 

• Be available after the termination

You’re not off the hook as soon as the termination conversation is over.  You need to respond appropriately and within a reasonable time frame to your ex-employee’s emails and phone calls.  If you’re not able to do so, let your ex-employee know who they need to liaise with in the company to get the answers they need and ensure that person follows up appropriately.  They may have further questions about their severance package after the shock wears off, or need guidance on their continuing benefits or how to transfer their RRSPs or pension, etc.

By following these simple tips you will help lessen the stress and anxiety for both yourself and your employee and sidestep potential legal issues that often come about as a result of the employee feeling that they were treated in an unfair, undignified and high-handed manner.

Tell us what you think.  How have you handled these situations?