How to Let Someone Go From Employment
If you're in the human resources field, letting someone go from employment -- whether it's termination, job elimination or layoff -- is one of your job's most difficult tasks. Regardless of the circumstances, consider the employee termination a business decision and not a personal one. Nevertheless, conduct the termination meeting with compassion and dignity -- this will make the task easier for you and the employee.
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Instructions
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Research the employment at-will doctrine to confirm the company is within its rights concerning termination. If the company has a collective bargaining agreement with a labor union, you must be able to justify the termination is for just cause, according to the terms and conditions of the labor contract. Likewise, if the employment relationship is subject to an employment contract, review the termination clause. If you are letting someone go who is under contract of employment, follow the provisions in the termination clause. Some contract termination clauses require advance notice in writing.
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Determine the reason for the employee's separation. Assemble documents to review before your termination meeting with the employee and his supervisor. Review the employee's personnel file, attendance and performance records, and other materials related to the employee's tenure and compensation. If you are letting the employee go for poor performance, obtain copies of disciplinary and corrective action memos as well as the company policy on performance-related terminations.
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Prepare documents for the separation process. This may include a termination checklist or a list of topics to cover during the termination meeting. If you are letting someone go due to job elimination or layoff, have a severance agreement for the employee to review and sign.
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Contact your compensation and benefits specialist to determine whether the employee is entitled to continuation of benefits through COBRA. Access payroll and attendance records for amounts due for final pay and accrued vacation. If feasible, request a final paycheck and payment for unused vacation and paid time off to give to the employee upon her termination.
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Schedule the day and time for the termination meeting. If you anticipate the employee will react in an overly emotional manner or if the employee has previously exhibited the tendency to become combative, have another manager present during the meeting. Conduct the meeting in a private setting, away from possible disruptions and interruptions.
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State the purpose of your meeting. Employees generally are intuitive and can sense when a termination is about to occur; however, be candid about the reason for the termination. If the termination is due to job elimination or layoff, explain the decision and commend the employee for his service to the company. Avoid spending too much time explaining the reasons and discussing details about why you have to end the working relationship -- instead, move on to practical matters such as when his final pay will be delivered, how to continue insurance benefits and rollover retirement savings funds. If the company is in a position to do so, offer financial assistance for outplacement or help finding job opportunities elsewhere. In some instances and if the termination is due to reasons outside the employee's control, you may offer to provide a letter of recommendation to assist the employee in a job search.
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Tips & Warnings
Letting an employee go can be embarassing for the employee. You can prevent this, however. Offer to have the employee's personal belongings packed and shipped to his home to avoid the humiliation of returning to his workstation to clear out his desk.
If the termination meeting becomes unpleasant or if the employee threatens the company with legal action, contact your legal counsel to discuss the termination reason and future course of action.
