When it comes to letting an employee go, it doesn’t have to be all drama.
by Lee Erica Elder
Workplace terminations are like breakups—handled with care, they pave the way for new beginnings and leave each party with fond memories, a shared understanding of what did and didn’t work and experience that can ultimately facilitate stronger future relationships. Handled badly, they can get ugly and downright nightmarish. Don’t let your terminations turn sour. Check out our list of termination do’s and don’ts to facilitate your next workplace breakup.
DO: Research Your Rights
As an employer, there are rules and regulations regarding your legal rights to terminate an employee. You should consult a lawyer or HR consultant with any questions when in doubt. “An employer seeking to end an employment relationship should ensure that they don’t have an independent obligation to continue it,” says Lori B. Rassas, author of Employment Law: A Guide to Hiring, Managing and Firing for Employers and Employees. “For example, an employer needs to confirm that there’s no employment contract in place that would prevent the termination—other than for any specific circumstances that are detailed in the agreement. Even if the employer retains broad termination rights, this doesn’t include the right to terminate an individual for an illegal reason (which in most cases would arise within the context of a claim for employment discrimination). Therefore, it’s critical for employers to ensure that they have a legitimate and non-discriminatory reason for the termination so they can present that as a defense in the event a terminated individual claims the decision was discriminatory.”
According to Rassas, objective and measurable reasons (e.g., the terminated employee routinely processes 50 invoices a day while most other employees process 250 invoices) are preferable, as opposed to subjective reasons (e.g., the terminated employee was a slow worker). It’s easier to defend an objective reason in court than a subjective reason based on the perception or opinion of the employer, which is more susceptible to a challenge.
Don’t even think about firing an employee after they make a claim to legal rights such as workers’ comp. “Employers aren’t permitted to engage in retaliation—which is the imposition of an adverse employment decision, such as a termination, in response to the individual’s assertion of a legal right,” says Rassas. “Employers should be very cautious about terminating an individual soon after a claim is filed because, at a minimum, it will appear to be improper conduct, the employer’s employment decision will be highly scrutinized and the employer will likely be required to defend its conduct.”
***
“Your ability to manage is all about respect and control. Display both when letting an employee go.” —Jason Orkowski, Gymfinity Children’s Activity Center, Fitchburg, WI
***
Don’t: Jump the Gun
Exhaust all options before deciding on termination. Sarah Cullins, president of Finesse Staffing in Rancho Cucamonga, CA, who also blogs about workforce issues at finessejobs.wordpress.com, first recommends a verbal warning, followed by an offer to help improve performance. “If the employee’s been with the company for a long time, termination might not be the smartest decision,” she says. Conducting routine, documented employee evaluations keeps your staff aware of their progress and any areas that could be grounds for future dismissal. If an employee does something wrong, discuss it as soon as possible. “At SubZero, we follow due process,” says Michelle Ziegler, owner of SubZero Allstars in Buffalo, NY. “We meet with coaches throughout the season if there are concerns. We outline in writing what we expect and the behaviors that need to be changed in order to abide by these expectations.”
DO: Be Specific
Let employees know exactly what their infractions are. “Outline the problem in explicit, specific terms,” says Gail Merz, director of business consulting at Pacific Crest Group in Larkspur, CA. “Don’t use vague accusations like, ‘You’re creating a problem.’ Instead, use specific examples of inappropriate behavior, such as, ‘You called Wendy stupid in a staff meeting’ or ‘Your personal conversations are disrupting other employees.’ You want to be specific so you can ask for remediation and be able to assess any change in behavior,” says Merz.
DO: Offer Rehabilitation
Give employees the opportunity to make changes by outlining ways to enhance productivity and revisiting their job descriptions and expectations and then offering suggestions for improvement. “Prepare a written synopsis of the meeting and its outcome,” says Merz. “Be sure to include what the employee’s done wrong, how they need to behave differently, how performance will be measured and what the consequences will be if there isn’t a noticeable improvement.” Merz suggests holding follow-up meetings at regular intervals to review progress. “If you offered 30 days to show positive change and the employee did, acknowledge it,” she says.
Behavior modification is often a viable option if an employee hasn’t received adequate training or has somehow misunderstood their responsibilities. “It doesn’t work if the employee has animosity towards the company or has personal issues that are making their home life chaotic,” says Cullins. Allow the opportunity to discuss any issues that could be at the root of problematic behavior. “Has the employee been a hard worker, but recently experienced a dip in performance?” asks Cullins. “They may need counseling or additional training to help turn their performance around. If the employee’s performance fails to improve after these steps have been implemented, the company may need to look at termination.”
The decision to fire an employee is made easier once you’ve exhausted all options for improvement. “We take the approach of ‘manage to success or manage to termination,’ says Joe Johnson, owner and president of ALLSTAR in Johns Creek, GA. “The employee is given all the tools, direction and support necessary to succeed, so they’re in control of their fate.”
***
“We take the approach of ‘manage to success or manage to termination.’ The employee is given all the tools, direction and support necessary to succeed, so they’re in control of their fate.” —Joe Johnson, owner and president of ALLSTAR, Johns Creek, GA
***
DON’T: Treat All Cases Equally
An employee’s termination depends on the nature of the offense. “It’s really an operational decision and employers should consider the facts on a case-by-case basis to determine what’s appropriate,” says Rassas. “The precise process used to relay the information could vary depending upon the basis for the termination. Generally speaking, if an employee is an employee-at-will—meaning they can be fired for good cause, bad cause or no cause—an employer isn’t required to provide an employee any notice of a termination.”
Experts agree that aside from extenuating circumstances, employees shouldn’t be caught by surprise with a firing. “It wouldn’t be fair to avoid confronting situations that need correcting, then making a termination decision out of emotion with no warning or opportunity for correction,” says Johnson. Cullins agrees: “If it does, the manager has failed to adequately communicate with the employee or offer him or her the opportunity to improve.”
But there are times when you’ll need to terminate based on specific behavior. “If the behavior is bad enough, you can go ahead and terminate an employee,” says Cullins. You won’t be able to predict every scenario, but some instances such as violence, harassment, abuse, theft, etc., will be grounds for immediate termination. Such cases may make it easier for you to show just cause in the event of an investigation.
DO: Remember that Timing Is Everything
Once you’ve decided that termination is your only option, do it as soon as possible. “You don’t want to terminate an employee for something they did three months ago,” says Cullins. “It’s not good for morale, because other workers will feel like they could be fired for something they did ages ago.” She recommends handling firing at the end of the day. “It’s kinder because people don’t have to go through the spectacle of carrying their box of belongings through the parking lot.” (On the other hand, according to Rassas, if someone is fired for a violent act, they would likely be escorted from the premises immediately and could be sent a termination letter with instructions about how to return property.)
You do have the option of providing terminated employees with more advance notice to allow them to look for new work in the interim, but Rassas says this isn’t particularly common because it could make the individual uncomfortable (and would likely affect the performance and morale of others).
As a cheer gym owner, there’s one more thing to keep in mind when timing a termination—competition season. “Terminations in our business can be very upsetting to the life of a gym, so timing is an important consideration,” says Johnson. “Firing a tumbling instructor can have a different impact than letting a cheer coach go during competition season. Help yourself by making sure your expectations are clearly communicated.”
DON’T: Act Purely Out of Emotion
Prepare for employees to be shocked, angry, frustrated or defensive when you address their weaknesses, and remember to stay neutral and focused. “It’s easy to get caught up in trying to defend your actions—don’t,” says Merz. Like a breakup, hedging over the decision to terminate and then deciding to do so quickly out of sudden emotion such as anger or frustration only complicates an already uncomfortable situation. “Just because the talk is difficult, don’t give in and allow a second chance, or worse, bail out mid-fire,” says Jason Orkowski, owner of Gymfinity Children’s Activity Center in Fitchburg, WI. “The relationship will never be the same because you gave them all the power.”
DO: Keep a Paper Trail
Document everything. You’ll want to be prepared in the event of a wrongful termination lawsuit, which is very common. “Lawyers are going to want to see documentation,” says Cullins. “Was the employee really reprimanded? When did it happen, and what steps were taken afterwards? You don’t need to have the employees’ signature on the documents, you just need to note when the conversations happened. Not having a paper trail makes it more likely for a judge to rule in favor of the fired employee,” she says. Also, make sure that all meetings include a witness, preferably the employee’s direct supervisor.
DO: Have an Exit Strategy
Once the termination has been decided, there’s still the matter of facilitating a smooth exit. If possible, offer to help with the transition, and explain any severance or unemployment options when applicable. “Be honest: Tell them the real reason they’re leaving,” says Orkowski, who also serves as a business consultant specializing in HR issues. “Don’t try to sugarcoat it with a story about it being temporary or that you’re eliminating the position. Be aware of what you need to do, and do it.”
His tips for facilitating a seamless exit include making sure to conduct all meetings in person. “People will resent it if you do the deed over the phone or by text,” he says. “Don’t post a sign, Facebook it, tweet it or in any way demean the value of the person. Ask questions about the program, what they liked and didn’t and what they would improve. This data can help you figure out where you went wrong, how to never let it happen again and how to help other staff improve.”
Orkowski also warns gym owners to be mindful of all access to computers, alarm codes, building keys, etc., as well as be clear on any non-compete clauses, which are only good if they were arranged at the time of hiring. “Make sure you comply with your state’s non-compete rules,” he says. “There’s nothing worse than finding out at the time of dismissal that your agreement is null and void. It makes you look like a bully when you try to enforce it.” (Visit cheerbiznews.com to read “The Non-Compete Contract Conundrum” featured in our July issue.)
DON’T: Be Disrespectful
Though it might not be comfortable or easy, it’s possible to make a clean break. Maintain a straightforward and professional tone, even though you might feel anxious, nervous, angry, sad, hesitant and the like, depending on the nature of the termination. To avoid making an already awkward situation worse, check your personal feelings and mannerisms at the door. “The first time I had to fire someone, I was younger and had a nervous habit of giggling,” says Orkowski. “While I was letting this person go, I could barely contain my laughter. Years later, I was let go from a job and realized how painful I made it for that guy. I’m now very serious and matter-of-fact.”
Orkowski’s new termination strategy has led to positive results. “The last coach I let go actually arrived at the same conclusion as I explained the business’ position,” he says. “To an outsider it would’ve been questionable as to whether she was let go or quit. It was very friendly and the action arrived at was the best outcome for both sides.”
DO: Keep the Peace
Protecting your program’s image during the termination process is key. The relationships and bonds between terminated employees and athletes, families and staff should be handled sensitively. Customers and staff share their experiences with others, and word-of-mouth can make or break a gym’s reputation. “Be careful,” says Orkowski. “Last good-byes get emotional and you can’t be sure of what the person will say in the presence of the children and families.” To handle awkward good-byes, he suggests having the employee write a farewell note to families and athletes (to be approved at your discretion).
The cheer world often feels extremely small, and there’s no telling when you’ll need to work with someone you once fired, or whether or not you’ll face them at competition under another program. “Be nice,” says Orkowski. “Anything you can do to reduce the indignity of the action might make the transition smoother, eliminate lawsuit risk and even encourage them to recommend your program to others. People on the way out may be good people, just not people you want working for you. When treated with respect, they may refer others to your business as staff or as clients, but without respect they’ll do neither.”
By the same token, know that keeping staff members who clearly aren’t meeting goals or don’t respect your gym’s values reflects negatively on your program as well. Your choice could come down to either losing an employee or losing customers and the respect of your industry peers. “Oftentimes you’ll receive the support of other coaches and customers after you’ve completed the difficult task,” says Ziegler.
Termination is a necessary evil of running a business. “Your ability to manage is all about respect and control,” says Orkowski. “Display both when letting an employee go.” If an employee has violated your code of conduct or committed other infractions and the situation is beyond rehabilitation, it may be time to let them go. It’s usually for the best, and some employees need to experience termination in order to understand the severity of their actions. “It’s never easy to terminate an employee—especially if it’s someone you trusted at one time and welcomed into your ‘family,’ ” says Ziegler. “But business is business, and you have to look at what’s best for your program and customers.”
Sidebar: Great Expectations
“Employee handbooks are useful when handling termination issues,” says Sarah Cullins, president of Finesse Staffing in Rancho Cucamonga, CA. Be specific about what your employees can and can’t do. Know what your organization’s deal-breakers are and don’t wait for something to happen before deciding how you’ll take action. Spell out in no uncertain terms any non-negotiable requirements, such as remaining sober on the job, representation of the organization—in the gym, at events or online—punctuality, use of profanity, dress code, money handling, fraternization, etc. “If certain rules are stated in the handbook, employees can’t complain when they’re reprimanded for breaking them,” says Cullins. “Problems occur when managers terminate or discipline employees for rules that weren’t stated clearly.”
HR director Amanda Haddaway recommends using the handbook to clearly outline possible grounds for termination and the process that will take place. “Include information about benefits—when the last paycheck will be issued, how long benefits will continue (including COBRA information), what will happen with the 401(k) or profit-sharing accounts, etc.,” she says. “Don’t assume that the employee will be familiar with all the policies that are contained in the employee handbook. It’s best to review these items again with the employee.”
Other requirements may be more fluid—for example, Michelle Ziegler, owner of SubZero Allstars in Buffalo, NY, expects athletes to progress one level on the USASF grid during each season. “It’s the coaches’ responsibility to monitor this and respond accordingly with reasons if athletes don’t meet this goal,” says Ziegler. “This hasn’t changed since I started the business, but I do hold employees more accountable for the athletes’ progress, since parents are paying a lot of money in a struggling economy.” While more prone to change, this kind of expectation should still be clearly outlined and discussed both in your handbook and verbally.
Comments are closed.