How To Fire An Employee In 5 Steps


Hi folks Dave Waring here again with Fitsmallbusiness.com
and today’s lesson of the day. So far in our series on how to hire and manage we have
focused on the hiring process and how to pay and manage employees once you have hired them.
In today’s video we are going to talk about how to fire an employee. So let’s get started! Step 1: Establish a Firing Protocol If you don’t already have a firing protocol,
establish one as soon as possible. A comprehensive firing protocol consists of accurate job descriptions,
clear employee contracts, and an up-to-date employee handbook. In all states except Montana employment is
presumed to be “at will” unless stated otherwise. It is therefore important to avoid
using language which implies that an employee will only be fired for cause or that a job
becomes permanent after a probationary period for example. If you have an employee sign
any type of employment contract make sure it is reviewed by an attorney and includes
an at will clause. If you do not already have job descriptions,
employee contracts and an employee handbook, I have links for each in our full article
which is included in the description section below this video. Use a “Progressive Discipline Policy” You need to provide your underperforming employees
with a series of increasingly severe warnings, which are documented in the employee’s file
and signed by the employee. If you have failed to properly document an
employee’s performance issues, do not try to reconstruct documentation later on. Also,
do not selectively document some workers and ignore others, as this may be seen as discrimination. Step 2: Evaluate Your Legal Obligations Here is a list of scenarios where it is illegal
to fire an employee. Discrimination: Under federal law, it is illegal
to fire someone for reasons of age, race, religion, sex, national origin or a disability
that does not influence their job performance. Some states have additional considerations,
so check your specific case. Whistleblowers: You cannot fire employees
for complaining about any illegal activity, health and safety violations, or discrimination
or harassment in the workplace. Exercising Legal Rights: You cannot fire employees
for taking family or medical leave, military leave, time off to vote or serve on a jury. “Just Cause” Promise: If you do not carefully
outline your employment contract in writing, you may accidentally create an implied employment
contract. This may occur if you tell your workers that they will be fired for cause
only, or establish formal guidelines that spell out how and when terminations will be
handled. This highlights the importance of a well-written Employee Handbook and employment
contract. Step 3: Review and Assemble Documentation A list of documents you should bring to the
termination meeting includes: * A detailed letter that outlines the status
of your employee’s benefits, vacation pay/unused sick time, repayment of advances, and payment
of money owed the employee. * An explanation of benefits (COBRA)
* Final paycheck or severance check. * Documents to sign (including a termination
notice or release) * Explanation of confidentiality obligations
* Return forms for company property (key cards, etc.) You can read more about each of these documents
in the full article included in the description section below this video. Step 4: The Termination Meeting It is best to make the meeting simple and
quick. Find a private, neutral space, and be compassionate and respectful. Give them the letter you have prepared outlining
the information on their final paycheck, severance, vacation pay, and other benefits. You are
also legally obligated to include information on COBRA, a pension or 401(k). When carrying out a termination meeting, make
sure to have a witness who can account for your actions and prevent a disgruntled employee
from making false accusations of wrongful behavior. Most human resource experts recommend firing
employees on a Monday morning, and avoiding Fridays. Once the meeting is over, let your
former employee leave immediately and schedule a time for them to collect their things. Step 5: Talk to the Rest of Your Team Once you have fired an employee, it is a good
idea to notify the rest of your team, since many of them may be concerned with their own
job security. As with the termination meeting, keep things short and to the point. That’s our video for today. If you have
any questions or comments please leave them in the comments section below. For more great
advice on how to start and run a successful small business be sure to visit us at fitsmallbusiness.com
today. Thanks for watching!

4 thoughts on “How To Fire An Employee In 5 Steps

  1. This is a difficult topic but one that every manager must face, sooner or later.

  2. or just tell them to get the fuck out of the buildiing works everytime

  3. Aha Im an employee that infiltrated to watch this video. I know the tricks now I can’t be fired 😈

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