One of the hardest problems for managers, supervisors, and business owners is firing someone. Here are some important things to help make it easier and protect you and your company. When firing someone, make sure to have a witness present. After the conversation is over, type up a memo for the witness to sign. In some cases lawsuits are unavoidable, but here are some things that may lessen your chances of a lawsuit (I am not giving legal advice): First maintain your composure. These situations can become heated, even violent. Your anger will not help the situation. Above all, don’t fire anyone in front of others (except the witness), and don’t denigrate the employee in any way.
The firing should not come as a surprise. If the employee violated a company policy or broke laws, they should have been aware of these policies through handbooks and training. If the firing is a result of behavior over a period of time, they should have been warned, verbally and in writing. They should have received regular feedback and performance reviews with suggestions for how to improve. Use probation and suspension whenever possible before firing.
Watch your wording. Sometimes people feel bad for the person being fired so they soften it by telling them about the good aspects of their performance. This should have been done during performance reviews, not during the firing. If you sugar coat it too much, they may remember what you said and,use it as a basis for wrongful termination.
Finally, don’t discuss the firing with other employees. This is between you and the departing employee. If you discuss it, the word often gets back to the fired person. You leave yourself open to a defamation or slander lawsuit.
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