Terminating employment presents significant risks for employers, both legally and practically. Unlike other business decisions which may give rise to litigation, terminating employment affects individuals on a very personal level. It is impossible to ascertain just how an individual will react. How employers manage termination, therefore, is a consideration which requires planning, patience, and professionalism.
As a primary rule, employers should adhere to the basic principles of employment law defense. Document! Document! Document! In the event of litigation, it is an immeasurable benefit to have contemporaneous documentation about the reasons why the decision was made to terminate the individual. Of course, in the real world, many employers don’t have the time or the resources to undertake the effort to document infractions. They should, nevertheless, attempt to provide sufficient documentation to establish the basis for the decision.
When terminating an employee, treat the employee with respect. Conduct the termination in a private setting and remain professional at all times. Be truthful and firmly compassionate.
And, as in all employee interactions, conduct the discussion in the presence of a witness. In the event that the employee becomes angry or violent, immediately leave the area and, if necessary, contact the police.
For a more detailed discussion of the practical guide to terminating employees, read the article “When firing a staffer, the big concern is safety–both physical and legal,” published in the February issue of Law Firm administrator. The article begins on page four of the .pdf file.
If you need assistance with proper employee termination procedures, or with other employment matters on behalf of your company, please do not hesitate to contact me.
The recent shooting with multiple fatalities at a beer distributorship in Connecticut serves as a grim reminder to employers and human resource professionals everywhere that one should always be aware of the potential of danger when administering disciplinary measures to employees. There are very simple and practical rules for employers and human resources professionals to undertake when imposing disciplinary actions which should increase safety and minimize risk.
1) Never meet alone with an employee. Always have a witness.
2) Position the meeting so that the employee is farthest away from an exit and you and your witness are closest to that exit. That way, if the employee becomes violent or threatens violence, you have a moment or two to make your escape.
3) Carry your cell phone with you and be prepared to contact the police if you are threatened or if violence erupts.
4) Treat the employee with dignity and respect. Do not belittle or demean the employee, regardless of the reason for the disciplinary measure. Be firm, but respectful. In most instances, employees will not agree with you about the reason for the discipline. That’s ok. You can explain that that they have the right to disagree with you, but that the decision is final.
5) In the event that you are terminating the employee, if practical, do so in a private setting to allow the employee some privacy (but see Rule 1). Terminations are always emotional and difficult for everyone involved. It’s understandable that the employee may get upset and emotional. A private setting will afford them an opportunity to deal with their emotions without the prospect of public humiliation. Of course, if the employee become angry or threatening, end the discussion and leave.
6) Inform the employee that he or she may not return to the premises for any reason without your express permission and notify receptionists and other personnel that the employee is no longer with the company. If, after that notice is provided to both the departing employee and to necessary personnel, the employee does return to the premises, do not hesitate to call 911 and report that an unauthorized ex-employee has returned to the workplace. It is better to be cautious than injured.
These guidelines provide no guarantee of safety of course. No one can predict human behavior. However, they do provide a reminder that one has to be practical and consider the safety of everyone when disciplining employees.
For further information regarding methods of handling workplace discipline, please contact me directly at dmurphy@rubinrudman.com or at (617) 330-7123
