Employee Termination

Small Business Solutions

How Do I Terminate an Employee?

Have you been struggling with an employee for months now? They’re not getting the job done like they used to. They have become flakey and has lost all accountability. They are causing problems with other employees. They are causing you more work than they should….

If you have any of these feelings towards an employee, it’s probably time to let them go. There are two ways to go about this. One, terminating the employee OR two, terminating the position. The right answer will always depend on the circumstances and will have to be done on the discretion of those involved. You will have to decide if your organization can disburse the tasks of the individual in question into different job roles or if you will need to simply re-hire for the job and terminate the person instead of the position.

OPTION 1: Terminating the Person.

NOTE: *If your state has ‘at will’ employment rules, that does not mean you are safe from discrimination claims! *

There is always the potential exposure to discrimination. The less said the better. Attempting to give a long-winded reason as to why the person is being terminated is a bad idea. Do your best to try and take out any emotion you may have on the situation. If you can, consult with a local labor attorney to discuss the situation and see any potential input they may have on the situation.

Always make sure you have a well-documented file on the employee. This would include written warnings on any issues associated with that employee. By having a well-documented file, it will help protect you against potential claims.

OPTION 2: Eliminating the Position.

When you are eliminating the position, you must be sure that you can truly eliminate the position. You should not tell the employee that you are eliminating the position and then go and try to fill a position under that title. Be sure to be very clear on topics such as; when their last day is, when they will be paid through, when their benefits end, and if they are receiving any severance.

It is not an easy task to terminate employees, but you must be sure to stand your ground and do not apologize. Take everything in your power to be strong and remain professional. Document everything that is said and how the discussion went down. Be sure to go in prepared and give them a point of contact for any later questions.

All in all, this is not a fun task, but at times it must be done. Do your best to be as prepared as possible. Have all your documents and what to say ready to go, be ready for any questions or comments they may have to you. Good luck!