When You Really Have To Fire Someone: Ten Tips [Part 1]
Cliff Ennico
www.creators.com
"I run a small printing business, and have decided to fire one of our employees for some very good reasons. She comes in late every day, is rude to co-workers (they all hate her), and has begun badmouthing the business to some of our key customers. My fear is, of course, that she will sue me. She is our only female employee, and is over 50 years of age. She also told me she is taking medication for depression. We have other workers in that age range, but no other females. I really need to get rid of her, but I can't afford to be sued either. What should I do?"
If you had to describe every employer's worst nightmare, this one comes close.
Firing an employee - looking someone straight in the face and telling them they no longer have a source of income - is one of the toughest things you will ever do when running your own business. It's often as hard on the person giving the bad news as it is on the person receiving it. And yet it still needs to be done, especially in a situation like this where a rebellious employee is "poisoning the well" and bringing the entire business down with her.
And yet, employees DO have rights, and we should all be thankful we live in a society in which they do. If the real reason you are firing this person is because you want to make this business a "boy's club" from which women are excluded, she has every right to sue you for discrimination. Do a little soul searching before you read further, and make sure you don't have any "secret motives" that could cause you legal trouble down the road.
Assuming there aren't any, and assuming this person is an "at will" employee - someone who doesn't have an employment contract that guarantees employment for a specified time period - here are ten tips to help you remove the cancer from your business with a "zero to low" risk of being sued for wrongful termination.
Check your past feedback. If you have been giving this employee glowing performance reviews and a raise each year, she will understandably be shocked when you call her into your office and give her the boot. Look back at your relationship with this employee, and if you have been sending her overly positive signals, do not fire the employee immediately. Instead, start changing the signals and let her know in no uncertain terms that she's not "living in Kansas anymore".
Give her a warning. Because she is your only female employee, I would suggest that you not fire her outright. Instead, sit her down in your office, explain that you are unhappy with her performance, and give her a limited period of time (I would suggest 30 days) to turn things around. Make it very clear that if she continues to badmouth the business to customers and suppliers, you will "have no choice but to" terminate her immediately. Prepare a "memo to the file" detailing what you told her.
Focus on specific behavior goals. DO NOT focus on her status as a female, or the fact she is taking medication. DO NOT allow the employee to drag you into such a discussion. Instead, give the employee a list of behaviors you find unacceptable, and tell her exactly what she needs to do to get back into your good graces.
Have a witness present. Do not meet with this employee alone. Because she is the only female in your office, she may claim that you made unwanted advances or attempted to harass her sexually. Have a witness present at every meeting with this employee - I would recommend that person be a woman, such as your wife or a female relative, that will make your employee feel more comfortable that you are not singling her out because of her sex. Oh, and if you're engaging in an extramarital affair, make sure the witness is not the "other woman", as you are then opening yourself up for blackmail (please don't laugh; I could tell you stories . . . )
Fire early in the week, never on Friday. Assuming the employee does not turn things around for the better (given what you're saying in your e-mail, it's highly unlikely), fire her early in the work week. Never fire someone on a Friday, because then they can "stew about it" over the weekend, and come into work the following Monday ready for a fight, or even worse.
More next week . . .
Cliff Ennico (
cennico@legalcareer.com
) is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest book is 'Small Business Survival Guide' (Adams Media, $12.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at
www.creators.com
. COPYRIGHT 2006 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com.
