The Best Way To Fire Employees
As downsizing, layoffs, and restructuring continue throughout the country former employees are coming after their former employers with a vengence. I am fighting off attorneys who are sending letters threatening litigation if the employer does not accept the opportunity to head to mediation. Managers must remain focused! If you have to separate an employee from employment you must be consistent with your employment practices.
Now is the time to make sure your employee handbooks are up to date. Mediations focus on a number of practical things that the employer overlooks. Consistency with policies, proper documentation for disciplinary actions, performance appraisals (you can still do these even though money may not be available and is also considered another form of documentation), and finally the conduct of managers.
If you have to fire an employee consider if the reason for termination is consistent with policy and former terminations for a similar offense. Don’t just use the “opportunity” in place of a layoff. In addition, stay away from the “At-will” concept. Employers never get that concept right! Yes, it’s true, that under the California Labor Code all employers in the state are “At-Will” employers but that should never be used as the reason for the termination. We still have a number of clients who put down the reason for separation as “At-will.” Stop and think! Whatever infraction drove the determination that the employee was going to be terminated should be the indicated reason on the separation notice (if’ it is not you can expect a call from us!). The EDD as an example does not accept the at-will concept as a reason for termination.
If you are moving in a direction to layoff an employee do so based upon economic necessity and not because you do not want to confront the employee with the harsh reality of the real reason for the separation. If you indicate “layoff” and they see their job posted on the internet or in the newspaper it can subject the organization to a wrongful termination lawsuit.
As always, if you have any questionable terminations please do not hesitate to call us.
