Tips & Tools for Terminating an Employment Relationship
Unfortunately, every leader needs to make the decision to terminate an employment relationship. It is never easy, but if you have a plan...it goes much easier.
GENERAL TIPS
First, if you are terminating the employment relationship because of issues with their performance, have you had coaching conversations? Many times, a verbal conversation will assist the employee in getting on the right track.
Second, if verbal counseling does not work, it is time to document the issues in a Performance Improvement Plan (PIP). This conveys to the employee in writing the specific work issues and expectations. You must have a witness in the meeting with you and the employee. The best witness would be someone in the line of supervision or a human resources professional. During this meeting request a signature from the employee to verify their commitment to the organization’s expectations.
FAQ
Do employees need to have a verbal or written warning before they are terminated?
No. In Kansas, it is an employment at will. So, this means you can sever the employment relationship with or without cause and the employee has the same right, but the termination cannot be for discriminatory reasons. The only time I encourage termination without warning is when the offense is egregious, willful or arises to gross misconduct.
Do I have to document their performance issues?
You don’t have to, but if you get into a lawsuit, it assists your case in defending terminating the employee for cause. As I advise leaders, the termination does not have to be lengthy. Just stick to the facts: dates, times, witnesses and what happened. The preference is to have the employee sign the documentation, but it is not required.
Finally, if these expectations are not met, it is best to terminate the employment relationship. Below are the steps to termination:
TERMINATIONS STEPS
Make sure the line of supervision is aware of the termination.
Make sure you have a witness for the termination process (line of supervision or human resources professional). Many times, HR Partners or Dietrick Law has been the witness. This may occur when the leader has no other witnesses, or the employer believes this termination will be contentious.
If the employee has remote access to any information technology, please inform the IT person to disengage the system at the time of the termination.
Have your talking points ready for the meeting. This is what you need to convey:
State the facts. “We have made a business decision to end your employment as of today. This is not a good long term fit for both parties.”
Discuss their last paycheck. PTO payouts, etc. Discuss their benefits. When will they end? Points of contact for these benefits.
Gather property of the employer. Keys, credit cards, laptop computer, cell phone, etc. Get the employer’s property while they are still with you.
Assist them in gathering their property. What is in their office? Assist them to their office and off the property.
FINAL QUESTIONS
Is there a good time to terminate the relationship? Yes, whenever the least amount of people are present at the office.
Do I have to do this face-to-face? Face-to-face is preferred. But, sometimes under certain circumstances it needs to be over the phone. You still must have a witness.
What about separation pay? This is a business decision. You can provide this if you feel it is warranted, but if you are giving the former employee a significant amount of money, you should tie it to a Separation Agreement. This is a legal document that assists in protecting the employer from potential lawsuits in the future.
Should I contest their unemployment benefits? You have every right to contest the unemployment, but you will need to have the documentation to prove your case.
Terminating an employee is never simple or easy; however, it can be much less stressful if you have taken the appropriate action leading up to the termination event.
