Terminating an employee with tact
Terminating an employee with tact
Follow these steps to avoid a lawsuit
You've tried everything: constructive criticism, explicit goal setting, and verbal and written warnings. But nothing has worked, and one of your staff physicians isn't doing anything for the hospital but costing money and creating headaches. You've made the decision to let the person go, but before you fire him or her, make sure you know the right way to terminate, says Tom Bender, Esq., lead shareholder at the Philadelphia law firm Buchanan & Ingersoll.
The right method contains these key elements:
1. Have the appropriate person deliver the message.
Bender says the person firing an individual - must be senior enough so that the employee knows there is no recourse to appeal. Who that person is will vary by hospital.
2. Have a witness present.
The witness is there to say little or nothing but merely to watch the proceedings, Bender says. "It ensures that you do it right, and it adds an air of being official."
3. Get right to the point.
The worst thing you can do is make small talk and then fire the employee, says Bender. "Get to the point of the meeting in the first 30 to 45 seconds." For example, "we have talked about the problem you have with meeting deadlines before, and we have to do something. The purpose of this meeting is to let you know that effective at noon today, your employment is terminated."
4. Know when it's time to terminate an employee immediately.
Bender says that although many companies require a verbal or written warning before firing an employee, it is not legally required. He recommends companies outline their termination policies in their employee handbooks, even if you use a verbal and written warning system. Include in your written policy that the company reserves the right to terminate employees immediately at the company's discretion.
5. Be general.
Bender says that you don't want to get into very specific detail, so keep your reasons broad. "It helps you avoid arguments about what happened one specific time," he says.
6. Allow venting.
Bender says reactions to being fired vary. "Sometimes they rant; sometimes they don't," he says. "You have to allow them to vent for a certain amount of time, though. Don't get into a debate, but tell the employee you aren't going to argue, that the decision is made and cut it off."
7. Choose the right time.
People always used to terminate staff on Friday afternoon. But now the time you choose to fire someone depends on whether you are offering any out-placement services. "If you are, then you want to do it mid-day, mid-week. That way, you can immediately divert the employee's attention to out-placement services and doing something positive."
8. Be helpful in the new job search.
The best way to avoid future wrongful dismissal claims is to get the person into a new job as quickly as possible, says Bender. "The sooner the employee gets a job, the sooner he or she quits thinking about suing you." Unless the person is being fired for cause, consider offering assistance in finding a job - such as having your administrative staff prepare a good résumé, provide copies, and mail them out.
9. Be resolved.
There is only one instance in which Bender says you may want to call off the termination and give the person another chance. "If you are basing your decision on some inaction on the person's part and he or she denies it, you may want to investigate," he says. For example, you might say that there was a report due last Wednesday and that missing the deadline was the last straw. "If the employee says that it was there, that could throw you for a loop. Don't bulldoze through the situation. Investigate it first, and then, if you find the report was there, you may want to give one last chance to that person."
In the end, you have to make the best business decision for your practice. "You may just have to do it and deal with the repercussions later, Bender says.
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