Letting go of an employee is never an easy task. It’s a stressful situation for everyone involved, no matter what the reason for termination is. There are also legal considerations that come into play which can further complicate the process. These tips and instructions for firing an employee can help your business get through this difficult situation.
Key Takeaways:
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Firing an employee isn’t always the same as terminating an employee contract.
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At-will employees can be fired with reason, or they can be fired for no expressed reason at all.
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Make sure you’ve documented your reasons for firing someone and that you’re not doing it illegally.
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When firing the employee, be succinct, compassionate, and thorough, leaving no room for miscommunication.
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Let other employees know someone has been fired and what the next steps will be, but don’t talk specifically about that individual and their situation.
Is Firing the Same as Terminating Employment
Firing is a term that’s used when an employer terminates an employee/employer relationship. It is a form of terminating employment, but it’s not the only way that a termination happens. Some people decide to retire or quit their jobs, and they are also terminating that relationship, but no one is fired.
In other situations, companies decide to end employment contracts with freelancers, which doesn’t mean they’re fired; they simply don’t have their contract renewed.
Terminating a contract can happen by the employer or the employee; firing is something that the employer does, and it’s often done with reason, but not always.
Common Reasons to Fire an Employee
There can be a variety of reasons for firing someone, but these are a few common ones.
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Behavioral issues
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Poor performance
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Using alcohol or illegal substance during work
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Unethical behavior
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Theft or damage to company property
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Misleading or lying on a job application
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Violation of company policy
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Downsizing
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Poor fit with the company
It should be noted that in the United States, most people are under what’s considered at-will employees. This means that an employer can terminate the employment contract at any time for any reason, except for an illegal reason like discrimination. This means there doesn’t need to be one of the above-listed reasons for termination.
Is It Time to Fire an Employee?
Before telling someone they’re fired, it’s a good idea to carefully review the situation to ensure that firing them is being done in a safe manner and one that protects the company from legal action. If there is a process in place to fire someone, it should be followed as carefully as possible.
The following are some considerations before firing an employee that can make the process go more smoothly.
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Review and verify the reason for termination
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Give employees an opportunity to remedy any problems, if possible
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Document all problems and follow disciplinary action protocol
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Collect information regarding employee’s performance
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Create a file that documents issues with the employee
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Review legal implications of termination
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Ensure that the employee is not being terminated illegally
After going through the steps your company has outlined or determining that it is time for immediate termination, it’s time to move on to firing.
How to Fire an Employee
This is a stressful part of any business owner’s, manager’s, or human resources employee’s job. In addition to delivering bad news, you never know how the employee will react. The following tips on how to fire an employee can help ease the process and can contain emotion.
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Gather your information/documentation. Have all of the information you need available so you can complete the paperwork and have the employee sign any papers necessary.
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Make sure you’re complying with HR and legal rules/policies. Refreshing yourself on what is allowed and what isn’t will help you stay on task and get through this process.
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Consider having legal representation or a witness on hand. Having someone witness the firing if you feel a lawsuit may happen is a good idea. If you aren’t worried about this, having another person in the room can make it more difficult for the individual. This is a consideration that needs to be done on a case-by-case basis.
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Keep it short and to the point. Don’t drag your feet and prolong the event. Being succinct and clear leaves no room for confusion or misunderstanding, and it doesn’t allow room for anger to build. Try to stick to the facts as much as possible.
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Be detailed about what they can expect. If you need them to turn in their keys and clean out their desk, let them know what they need to do. If they’re going to be escorted out of the office, let them know that this will happen. Don’t leave any wiggle room or anything to question,
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Be compassionate. A little bit of compassion goes a long way toward helping people feel valued and understood. When someone is being fired, they need empathy and compassion.
If you’re terminating employees because you’re laying people off, treat it differently. In this situation, you want the employee to understand that it was nothing they said or did that cause this termination. It might be permanent, or it might be temporary, so keeping the lines of communication open is essential.
Try to ease this transition for them by giving them as much notice as possible and letting them work until the last possible moment or until they find another job.
What To Do After Firing an Employee
The firing is the hard part, but once that is done, your job isn’t totally over. Breaking the news to the remaining staff is an important part of the process and should be done professionally and inclusively. Often, sending out an email to your staff, letting them know that the person has left their employment with your company is good enough.
If there is a team dynamic, talking to the team directly and telling them that person is no longer employed can help. Don’t talk about why but you can help the team prepare by discussing what the next steps are in replacing them or how their work duties will be divided.
Support remaining employees by letting them know whether their jobs are safe or if more terminations will be coming. Being open about the situation is a good approach, but don’t talk about specifics of one individual publicly, which can lead to lawsuits.
Firing an Employee FAQ
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Do you need a reason to fire someone?
No, you don’t need a reason to fire an at-will employee. Most people are hired on an at-will basis. This means they can quit at any time, and they can be fired at any time. That said, most employers like to have a documented reason for firing employees to avoid any discrimination suits or earning a bad reputation for indiscriminately firing workers.
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Is it hard to fire someone?
Yes, it can be emotionally taxing to fire someone, but it’s not legally difficult. There doesn’t need to be a reason or documented evidence if you’re firing an at-will employee. If you’re firing someone with cause, you’ll want to make sure you’ve documented the cause and your process to avoid lawsuits or any questions about termination.
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Is being fired and being terminated the same thing?
No, terminating an employment contract is different from being fired. If someone is fired, their employment is terminated; that is true. But people can terminate their own employment contracts without being fired, and companies can end contracts without firing people.
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When someone is fired, do they continue working until a termination date?
Most employees are done working on the day that they’re fired. Sometimes people are let go or laid off, and they are given a grace period to continue working. This is a situational decision that needs to be made on a case-by-case basis.
It’s often best to end employment on the day the employee is fired to prevent any retaliation or bad feelings within the company, but there are situations where that’s not the case.
Author
Kristin Kizer
Kristin Kizer is an award-winning writer, television and documentary producer, and content specialist who has worked on a wide variety of written, broadcast, and electronic publications. A former writer/producer for The Discovery Channel, she is now a freelance writer and delighted to be sharing her talents and time with the wonderful Zippia audience.
