Employers Rights Legal

Terminating an employee? Here's what you must consider before firing.

Firing someone is one of the trickiest jobs you will do as a small business owner or a Human Resources Manager. Even if you know the firing is necessary, it is difficult to look someone in the eyes and tell him or her that their services are no longer needed. But knowing how to fire someone properly is important to the future success of your business. If you fail to do it right, you might find yourself in a lawsuit.

Step 1 in How to Fire Someone: Document Everything

The first step in firing someone is gathering evidence. Unless his or her misconduct is severe, it will take more than one incident to build a case against an employee. Therefore, you must document every problem that you have with the employee. You also must document all the corrective actions you took to help him or her improve job performance. This documentation should show what the employee did, when the employee did it, and what you did to help them.

Step 2 in How to Fire Someone: Keep the Employee Informed

The next step in the firing process is to make sure the employee knows what they have done wrong. Every time the employee does something that warrants disciplinary action, you must tell them not only what they've done wrong but also what the consequences are for not correcting the behavior. Document this and have the employee sign the document. If the employee refuses to sign the paperwork, have another person sign as a witness. This way you can still prove that you discussed the problem with the employee and he or she is aware of the results.

Step 3 in How to Fire Someone: Perform an Exit Interview

Once you document the problems with the employee, you can fire him or her if he continues to cause problems. At this point, you need to draft an employee termination letter that explains the reason for the dismissal and the rights and responsibilities of the employee and of your business. Then, you need to conduct an exit interview. During the termination meeting, you will discuss the contents of the employee termination letter.

When creating the employee termination letter and conducting the termination meeting, you must adhere to strict guidelines. Saying or writing the wrong thing can easily lead to a discrimination lawsuit or a wrongful termination lawsuit. If you are uncertain about how to go about these activities correctly, look into getting a book that provides you with practical information and examples on employee termination letters and termination meetings.