Three Reasons to Fire an Employee
Although the goal of hiring and training employees is to keep them on the job, some circumstances require disciplinary action that removes someone from their position. It is never pleasant for you or the employee, but you must, in fairness and respect for your good employees and for your company's success, take action. Firing is justified in three cases: cause, behavior and lack of performance. You must document each case carefully to avoid losing any potential lawsuits.
1. Cause. Cause is exactly what it means. You have a cause to fire someone, or rather, their actions cause you to fire them. This often can be a criminal act including embezzlement, theft, falsification of documents (forging a signature or altering a time card), proven sexual harassment, proven bullying, divulging company information to others (selling a patented chemical formula, revealing insider trading information), using drugs or alcohol at work, bringing weapons to work (especially at schools and/or federal buildings), sexual assault, and/or violation of other work rules enforced by the company in question. At one business, “discourtesy to customers” is a reason for immediate dismissal, while at another, working for a competitor simultaneously will result in firing.
Dismissal for cause is very clear cut (assuming you’ve done due diligence in investigating the matter). Simply say, “Mr Black, our video recordings show that you had a co-worker punch your time card for you on July 7th, 8th and 9th. As you know, this is falsification of a document, which is against company policy, and you are being terminated as of this date…” Your notes, interviews and the video can stand as your documentation of the event. You must decide to file criminal charges if warranted.
2. Behavior. Poor behavior can be a firing offense in many instances, especially if it becomes a pattern. For example, an employee who is continuously late can be fired after being placed on advisory letters to alert them to show up for work on time. Employees can be fired for using profanity at customers or co-workers, continuously violating the dress code, continually spreading harmful gossip, dating a co-worker who is in his or her line of supervision, misuse of company equipment, improper internet surfing (sexually-oriented websites), making or taking too many personal phone calls during work hours, and/or failure to take a mandatory lunch break (due to labor laws, this is especially important if the employee is on timecard).
The pattern of infraction is more important than one isolated incident. You should document the pattern in counseling/warning letters, along with specific expectations and timeframe for correction. Include dates the employee received training on the issue and inform him or her that failure to improve in the allotted time will result in termination. At least the employee has been warned and has a chance to fix the problem.
If the performance changes, great! If not, you can say, “Ms Appledale, after three counseling sessions and two letters of warning, you continue to come to work late. Per your last warning letter, one more violation will result in termination. Today you came to work late again and I am informing you that you no longer work here as of now…”
3. Lack of Performance. The third reason for termination is lack of success in the job. Depending on the reason for missing the mark, this is probably the most heartbreaking to you and the employee. If the reason is simple lack of effort or laziness, you won’t bat an eye in firing the employee and the employee shouldn’t be surprised. However, if the reason is that, despite training, coaching, mentoring, and effort, the person you hired is just not “getting it,” you must go to the next steps of advising letters, warning letters, and ultimate dismissal. Each step should include the business targets versus the actual performance, along with resources and tools to use as well as timelines to meet the goals.
If the person is overwhelmed, it’s okay to ask if they would like to resign. This is called “coaching someone out.” You can even give them a day or two to think about it. If they wish to stay, and still are not meeting performance, you must terminate. “Mr Sullivan, after several weeks of working with you to improve your performance, you’re still not where you must be. You’ve received two counseling letters and two letters of warning. Your last warning letter stated you had to increase your productivity by 2%. As of now, you are at.07%. I’m going to have to release you from your work as of today. I wish you well and know that you will find the right job so that you can be successful.”
If you hire and train well, then termination should be a rare occurrence at your business. However, expect it to be a part of your managerial duty for a long time to come. Remember to write down every situation clearly, timely and accurately, and to show training and other efforts to help the employee succeed. Your documentation will be critical if you are ever taken to court.
