BENEATH THE SURFACE F Terminating an Employee: The Right Way and the Wrong Way or those with managerial responsibility, one of the most odious tasks is terminating an employee. There are a few for whom discharging this responsibility is not a problem. In some cases, terminating an employee may be part of a strategy, as in purging an existing staff when a new regime comes in to power. In such cases, this is one of the more offensive reasons for terminating employees, many of whom may be long term and well performing. Regardless, this can be a fact of organizational or corporate life. I am not referring to the sometimes unavoidable laying off of employees when a company either is struggling to survive or is reorganizing. However, even in those cases, the act and the process of terminating an employee should be seen as far from pleasant. Remember, we are talking about peoples’ lives, livelihoods, self-esteem, and, often, their careers, present and future. Undoubtedly, there are instances when firing someone is clearly warranted, as in an employee’s poor performance, or due to unethical, illegal and/or derelict behavior. In addition, there are some states in the U.S. in which conditions of employment are defined as “At Will,” which means that employees can be fired without cause. I suggest that, even in these cases, cause is something that should be considered. The Wrong Way and the Right Way In an article in the March 20, 2012, issue of the Harvard Business Review, Ron Ashkenas, a human relations consultant, stated that, “firing an employee also affects everyone else on your team. Not only does it change work assignments, but it also makes people wonder about your judgment as a manager and their own job security.” In an article I wrote in the Jan/Feb 2016 issue of this magazine, I focused on Annual Performance Reviews, (see page 93 of that issue). While I pointed out there are pros and cons of these reviews, one thing is certain — being terminated should not come as a shock to the person who is being let go. Being terminated should be part of an ongoing evaluation process, one of which the employee is aware and in which they have been informed that their performance has not been “up to snuff,” which, ultimately, could result in termination. Any re f e renc e to warning, consequences of cont inued poor per- formance, etc., should be clearly documented. The word of the day here is Document – Document – Document. I will not go over that ground again here; suffice it to say, being fired should not be an act coming out of the blue. As Ashkenas notes , the action has an effect on more than the employee being dismissed; it can be a morale killer as well. On the other hand, in the case when a recalcitrant employee’s poor performance has a negative effect on those with whom he/she works, not taking action can be equally problematic. In the world of work, when one does not do one’s job, it often falls to others to pick up the slack. This, too, can be a morale buster. AUTHOR S. Scot Litke, Hon. D.GE Firing an employee should be the last step in a careful, thoughtful, fair and transparent process that started long before the actual firing. when we know it is warranted is a poor choice. Many non- confrontational managers either do not want to address the obvious problem or are in denial about the real i ty of ongoing poor perfor- mance with little hope for improvement. Knowing when to “pull the plug” is one of the characteristics of a good manager. The Right Way Fi r ing an employee should be the last step in a careful, thoughtful, fair and transparent process that started long before the actual firing. The last thing an effective manager should do is foist off the responsibility of terminating an employee to an anonymous person in the HR Department. Ashkenas offers us some direction here, Waiting Too Long One of the real issues that often arises is the case in which it is obvious to the manager, and perhaps to others with whom the employee works, that the employee is not pulling his/her weight, and yet the person is allowed to continue performing at a less than desirable level. Here, I am not referring to someone who has been or is being counselled about improving job performance and is making an effort to do so. There are times when not taking action is as problematic as acting in haste. Unfortunately, once a si tuat ion is considered hopeless, it is best to move on; yet, for many, not taking appropriate action and he suggests the following as important elements of the “difficult conversation” during a termination meeting. 1. Be prepared to discuss the formalities of termination, which include official end date, severance arrangements and other specific issues, such as availability of career counseling and status of benefits relative to continuation in some way. These benefits could include COBRA and any ERISA considerations, which should be known by the employer’s HR Department or whoever is responsible for personnel issues. 2. In a face-to-face environment, be patient and ready for an emotional response. This, after all, is a traumatic experience. DEEP FOUNDATIONS • SEPT/OCT 2017 • 109
