How to Terminate Employee -Termination Guidelines

Parnas Ghosh Parnas Ghosh
Feb 21, 2022 3 min read
How to Terminate Employee -Termination Guidelines

Losing a job as an employee is traumatizing. It is a difficult task for an employer to declare to someone that their payroll is taken away and they are not a part of the company now. This has a lot of effect on peopleโ€™s careers and lower self-esteem. It is also considered a loss of livelihood. In a workplace, people bond in such a way that when one of the team members goes, it affects the rest. How you handle the situation, how you fire an employee with an attitude from your company determines how people will judge you as the boss. It brings job security issues among other employees.

IBM has terminated more than 100000 employees in the last few years & the same thing is happening in other big companies. As the boss, you donโ€™t just enter into a working space, and make a shout to someone that you are fired. This is illegal, unprofessional and is against work ethics. Before terminating somebodyโ€™s salary, assess employees performance challenges, warn and document justification. The following are some of the basic procedures that can be used to fire an employee with a bad attitude from your company.

Understand Employerโ€™s Rights
Define Clear Expectations
Publish Set Discipline Policies
Take Charge of Constructive Discharge
Organize a Termination Meeting
Conduct Exit Interview

Understand Employerโ€™s Rights

Most employers ignore or think they are playing safe by not issuing employment contracts to employees. In this case, employment is considered as at-will terms (oral contract). Employers take this to their advantage and fire Employees with bad attitudes anyhow. Sometimes they fire with reasons and time with no apparent reason. Employees in such a case are at liberty to leave the company anytime. An employment contract provides job security to employees and stipulates clearly grounds for termination of services. An oral contract is based on the cause of dishonesty, position declared redundant, poor performance and insubordination.

Define Clear Expectations

When getting an employee on board, set the clear groundwork. Write down expectations right from the beginning. Job description highlights the tasks and might change based on the emerging needs of the organization. Pin Set policies and guidelines somewhere on how specific tasks should be done. You can easily tell when a certain rule has been broken. Where possible, document and let employees append signatures for adherence. Employers can terminate services based on this.

Publish Set Discipline Policies

Policies on progressive discipline should be set. Bosses should enforce and emphasize this as the court expects you to abide by them. Policies will help you to tell where there is a problem that needs attention. Employers have a right to terminate the contract as a result of gross misconduct or poor performance.

Take Charge of Constructive Discharge

Claims about constructive discharge can be a result of salary reduction, demotion, termination threats and agreed transfers. Employees may raise claims about poor working conditions and situations that have forced them to quit the job. Employers should be equipped with federal employment laws so they will not be accused of poor working conditions.

Organize a Termination Meeting

After evaluating all the reasons why an employee with a bad attitude should be fired, documented the right information to support the action. When it reaches the time to disclose this to an employee, be etiquette so they may leave in peace and dignity. This prevents employees from returning with a lawsuit. Respond to any query an employee might have. Summarize the employee documented grounds for terminating and donโ€™t generalize. Give the employee a chance also to express themselves.

Conduct Exit Interview

It is not a waste of time for employers to conduct an exit interview. Feedbacks are important as they give you an overview and highlight areas that need improvement and necessary measures to be taken. Let the Employee with a bad attitude fill in the interview exit form that will act as a reference. If addressed seriously, it can create a better working place for other employees.

Conclusion

Labour laws protect employees from any form of abuse in the working environment. Traumatization and depression can occur as a result of the termination. Therefore, the termination process should be conducted in a careful and transparent manner after a serious discussion with the employee and taking necessary measures that are needed throughout the process.

FAQs

What are the reasons to terminate an employee?

There can be many reasons one can terminate an employee, the most common ones are, incompetence, attendance issues and dishonesty towards the work.

When can an employer terminate an employee?

The employer should give at least a 30 day notice period before firing an employee.

Does HR need to be present during the termination of an employee?

It is better if a member of the HR department is present during the termination of an employee.

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