Terminating employees is one of the least desirable aspects of being a small business owner or Human Resources Manager. Nonetheless, it is a part of your job if you hold either position. Therefore, you must understand as much as possible when it comes to terminating employees to do it sensitively while avoiding legal troubles.

The Concerns of Terminating Employees

For many people, even the thought of terminating employees is undesirable. After all, once you have worked with someone for a time, you get to know him or her on a personal level. You may know that person’s hardships and struggles, and you may know their family. Just thinking of firing that person and placing an extra load on him or her can be bothersome, even if you know the employee should be fired.

Besides the emotional stress of terminating employees, you must be wary of lawsuits. In our current sue happy world, it only takes one small mistake to find yourself going to court over a wrongful termination hearing. Therefore, it is important to follow the proper procedure when terminating employees.

Always Document When Terminating Employees

The first rule of thumb when terminating employees is to document. As a rule, you cannot document enough. Before you reach the point when termination is necessary, you must document all problems you have had with the employee. Describe, in detail, all actions and behaviors that lead to the employee's discipline. Every incident should include the date it took place.

Following each incident, you must list out the actions you took to reprimand the employee. Then, you must notify the employee that you have placed paperwork in his or her employee file and this person must sign the paperwork to show that he or she has read it. If the employee refuses to sign, document this fact as well and have another supervisor sign that he or she witnessed the employee’s refusal.

Cover Yourself When Terminating Employees

When terminating employees, you must always take care to cover these basics. Not only must you document the problems you have had with the employee, but you also must prove that you effectively communicated your expectations to them. This means that you should also document all training you have provided to the employee as well as all meetings you have had with him or her. To do this, draft an employee warning letter each time you have a problem with that person. This letter is similar to an employee termination letter. It briefly outlines the problems you are having with the employee and spells out what will take place if the employee fails to correct his or her behavior.

By providing substantial documentation and following proper procedures when terminating employees, you have a better chance of enjoying a smooth transition without concern of retaliation or a negative lash back. Therefore, it is well worth the time to do properly.

Key tip: What employers must know before terminating employees

All problem employees start making trouble long before you begin the termination process. But once the employee gets wind that you are trying to fire them, they may rely on some standard tricks to keep their job. First a problem employee may try an emotional plea. Here are a few examples. They may claim their inability to complete their project is because of a personal problem. Also they may blame excessive absences on reoccurring illnesses that run in their family.

Here is where your company policies become important. While you must treat these excuses with a certain degree of fairness, use your employee handbook and standard policies to your advantage. If the employee's personal life is interfering with work, use the company's counseling services. Then you should expect improvement. Or once the employee exceeds the limits on absences, he or she must always provide a medical excuse. Follow whatever protocol your employee handbook spells out. Eventually all roads will lead the employee to the same destination. They must improve their behavior, perform the required tasks and follow orders. Otherwise, firing is your only choice.

A second way problem employees try to keep their job is by refusing to sign your warnings. They think if they do not sign the paperwork, your documentation for firing is invalid. In these cases, simply have a third-party present at all of your meetings with the employee. A person from the Human Resources Department is always a good choice. If the problem employee refuses to sign or walks away from the meeting, document this fact. Then have your witness sign the paperwork.