One of the greatest challenges companies face when it comes to terminating in employees is the threat of a lawsuit. Without the proper delivery, someone can easily sue a business and create a great deal of legal trouble that also damages the company’s reputation.
Expectations evolve as employees rise in rank, but experience and time at a company does not negate personal responsibility. Employees who fail to perform their tasks ultimately lead to reduced productivity, a negative impact on other workers and lost opportunity as well as finances.
If you are worried that ending a long-time employee’s contract could result in a lawsuit, here are five tips that can help you navigate your next steps and end things as amicably as possible.
Document Everything
Lawsuits often arise when employees feel as though they are being terminated for unrealistic reasons or unjust causes. Evidence is the best way you can not only protect yourself in the event of a lawsuit but also demonstrate to the employee why they are being let go.
Make sure that you have a date for every meeting and a copy of every incident report. Have accurate and detailed records of the behavior and errors that led to the decision to terminate.
Try to Modify Behavior Before Firing
Long-term employees still need to be assisted and guided in the workplace from time to time. Rather than jumping straight to firing them, you need to have a sit-down meaning that discusses your concerns, gives them a chance to respond and offers solutions.
Collaborate when possible; your goal should not be to “prove” you are right to your employee but rather find a common round from which you can both come up with a plan that can help them perform better.
Robert Butchike, human resource manager at JATEC, offers suggestions on how businesses can utilize their human resource departments to benefit the workplace, boost morale and increase productivity. Sometimes, having the right training and approach can help people who would otherwise lose their job learn and grow.
Consult with HR before you decide to fire someone. They may be able to provide valuable insight and alternatives for you to try. The only grounds for immediate termination are violence, vandalism, breach of contract or negligence that jeopardizes others’ well-being or the company.
Ensure Equality
Make sure that no one in your company is ever treated differently due to their race, religion, gender identity, sexual orientation, age or disability. Your reason for terminating a long-term employee should have nothing to do with any of these things. Culture sensitivity training and no-tolerance policies can help awake employees to any implicit biases that may lead to inadvertent discrimination and affect work performance.
Schedule a Respectful Meeting
Do not break the news to the employee in front of others or on-the-spot. You should request a meeting with them and conduct the termination privately with a trusted witness. You should offer a full explanation of why they are being let go, and ensure that you make it clear the decision is final.
Although you are not going to allow them to stay on-board, you should still give them a chance to respond and speak their truth. Robert Butchike stresses the importance of empathy in business. He encourages all employers to make time for their workers and establish an emotional connection with them.
When there is trust and honestly between employees and management, even unfortunate and difficult conversations like a termination can be handled well
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