09/ 03/ 2008
by Pamela Mills-Senn
Firing someone is never easy, or at least it shouldn't be. In fact, according to small business consultant Annette Fazio, it's probably not something you'd ever want to get completely comfortable with, especially when you consider everything that could go wrong in the process. The problem is that people are unpredictable, which can make for some interesting, and sometimes frightening, reactions.
"I know of one business owner who had to fire someone, and the employee tried to put him in a headlock," recalls Fazio, who is located in York, Maine. "He almost killed him. And when I was a restaurant owner I had to fire a guy, and I thought he was going to kill me. He just started screaming at me. My office was upstairs and away from the other employees, and all I could think about was how long it would take them to find my body."
Fazio survived that encounter with her nerves seriously rattled, but otherwise unscathed. She played it cool, stayed calm and didn't argue with the employee, who eventually stormed off. But she learned an important lesson: Never fire anyone—even employees who appear level-headed and rational—by yourself. Always, always, have someone else with you, says Fazio, adding that it must be another person in charge, not just a regular employee. And if you're concerned the employee has the potential for violence, have security at hand. Notifying your police department is another option.
The threat to physical safety aside, there are other potential concerns employers should keep in mind, says Bill Lee, president of Lee Resources, Inc., a consulting and training firm headquartered in Greenville, S.C. Employees can take away important knowledge, such as passwords, valuable accounts or other intellectual property. And there's always the chance the employee will sue for unfair termination. It's no wonder people drag their feet when it comes to firing someone, but putting it off only makes the situation worse, he says.
"Just go ahead and get it done because until you do, you'll just be dwelling on it and your own productivity will suffer," Lee explains.
Having a progressive disciplinary process in place may not make the task more pleasant, but it can lessen the chance of litigation, says Craig Annunziata, partner with Fisher & Phillips, an Atlanta-headquartered national employment labor law firm. Correctly implemented, this process also eliminates the element of surprise and consequently, may result in a better firing for all concerned.
What does progressive discipline entail? Paul Thornton, president of Be the Leader Associates, a management consulting firm based in Chicopee, Mass., explains: "It makes it clear there are steps to follow. These consist of a verbal warning, written warning, a final written warning and then termination." He adds that you can eliminate the final written warning if desired.
In following this process, employers need to:
- Describe the transgression.
- Describe what you've done ("I've told you on three occasions how important timeliness is").
- State your expectations/required improvements.
- Outline the consequences of failing to improve. State that if improvement doesn't occur, the employee is subject to consequences up to and including termination.
- Document everything, even when issuing a verbal warning.
Fazio suggests employers document both positive and negative behaviors in order to maintain a balanced perspective about the employee, since there's a tendency to remember the negative more clearly. She also says that while employees don't need to sign off on the positive comments, they must sign off on the negative reviews and warnings, even when those delivered verbally.
Thornton advises two-week intervals between the steps to give the employee a chance to correct the problem. However, he says, there are actions that could result in immediate termination. This is why operators need to have an "exception out" that will allow them to terminate on the spot, says Annunziata, suggesting the wording, "sole discretion to determine if we need to fire immediately."
"Where employers get into legal trouble is when they don't follow their own guidelines, or they don't enforce them uniformly," he says. "You can ignore the guidelines (although he doesn't advise this) as long as you ignore them uniformly."
When it comes to the firing itself, it must be conducted in private, out of earshot of other employees, says Fazio. She also stresses the need for preparation.
"Have all your documentation in front of you," she says. "This way when the employee challenges you—and he will—you can pull out the specific documentation."
Also, make a checklist to ensure nothing is overlooked in the stress of the moment, says Lee. (For example, does the employee have keys? Is his name with vendors/suppliers?)
"Conduct the firing with resolve," he says. "Let the employee know there's nothing he can say to change your mind. If you appear on the fence, you can make it a miserable experience for everyone."
Finally, hang onto your files/documents, says Annunziata, recalling a case where an employee was fired for "terrible attendance." She sued for race discrimination. The employer lost the employee's file, and the manager left and couldn't be found.
"We had to settle that case in favor of the employee for six figures," he says.
