Deciding when and how to fire an employee

Q. When and how should human resource professionals fire an employee?

A. According to employment law attorney Bob Gregg of the Boardman Law Firm in Madison, the right reasons for firing a person can vary, from clear-cut concerns like dishonesty, a violation of written policies or poor job performance, to stickier problems like whether an employee is the right fit for their position or the company.
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It's more important, however, that supervisors make sure they aren't firing people for the wrong reasons. Gregg suggests paying particular attention to three situations:

Discrimination: Watch out for discrimination, particularly in instances where a person might be terminated based on race or gender. Don't fire people when it's the organization that needs to change its approach and be more inclusive, Gregg said.

Retaliation: "You don't fire people because people raise issues," he said. "Even though you may need to deal with that issue ... the way an organization grows is by really listening to that person."

Disabilities: Stay on top of job-performance concerns regarding employees who have disabilities. "Before you conclude somebody can't do a job, you go through the process of exploration and reasonable explanation ... and figure out whether or not your conclusion is really that they can't meet the valid bottom-line functions of the job," he said.

Once you've determined whether a person needs to be fired, Gregg said, it's important that you do it the right way.

Gregg said human resource professionals should make sure they're documenting any behavior that could be the source of job conflict. He also said it's important to issue written warnings to the person who is having problems ? prior to any kind of formal termination.

"Document that there is an issue," he said. "At some point, you just shift from telling the person (there are problems) and then you say, 'This is not correcting itself and now we need to document it.'"

Gregg said there's no magic formula for the process of firing an employee, but he advised that the manager who's doing the firing should have a good script in hand ? a small detail that can make the process more straightforward.

Some companies have an outplacement specialist who can meet with the person immediately after a termination meeting and help the employee deal with strong emotions related to the abrupt change, and can help get them on the road to finding a new job, he said.

Stephanie Kimball, a human resources generalist with Covance Laboratories Inc., said that while firing an employee can be hard for managers and office personnel involved, it can also reinvigorate the workplace. Kimball said it often motivates employees and shows them that an organization takes its business seriously.

"You're sort of saying 'Hey, we believe in you. It may have taken time (to fire the individual), but we do want to get out the bad seeds, so to speak,'" Kimball said. "You're potentially avoiding turnover (by firing a poor employee). ... It kind of draws the line and sets the stage for what you want out of employees. If you're setting high enough standards because you want your group to be successful, then everybody's got to be pulling their weight."

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