In general, terminating employees falls into two categories: layoffs for economic reasons and firing for cause. This article focuses on the latter, which is to say, how to fire an employee who is creating problems in the workplace.
“At will” employment refers to a relationship that is legally assumed to exist when there is no employment contract. As such, employers are free to terminate employees at any time without notice, and employees are likewise free to leave their jobs.
Experts advise employers to create well-thought-out policies and guidelines describing the grounds for termination and how the process will be handled, if and when it becomes necessary. These policies are usually written in an employee handbook. It’s a good idea to ask all new hires to sign a release saying they’ve read and agreed to abide by the policies.
The employee review process commences when you or an immediate supervisor informs the employee that his or her behavior or performance does not conform with standards and expectations. In the case of relatively minor problems, the employee is generally given an opportunity to make specific changes. The process may include additional training or counseling.
The actual firing meeting is always difficult. Experts advise informing the terminated employee face to face. The conversation should be brief and factual, with no suggestion of any opportunity to revisit your decision. Explain the employee’s next steps with regard to the final paycheck, benefits, and collecting personal belongings – and then say goodbye.
It’s probably not likely you’d voluntarily offer severance to an employee who has been terminated for cause. However, if there’s an employment contract or a generally understood company policy that includes severance, then you will need to pay it. In certain cases it may be wise to negotiate a severance package in exchange for a signed waiver in which the employee agrees not to sue you or your company.
If you employ 20 or more people, you will be legally required to allow a fired employee to remain on your group health insurance plan, if you have one, for at least 18 months. However, you are not required to subsidize the cost of premiums and you’re allowed to tack on a small administrative fee. With cheaper options now available on public insurance exchanges, experts expect that the Consolidated Omnibus Budget Reconciliation Act (COBRA) will soon become virtually extinct.
