Image by Danil Rudenko
Protect company reputation, prevent unauthorized recording, and avoid legal liabilities.
Countless employers – either because of a remote staff or an emergency – have found it necessary to terminate employees when they couldn’t do it in-person.
Unfortunately, many times they have used video conferencing. For legal reasons, using the telephone is a better option.
Here’s why the telephone is better than online video programs: People who get bad news about being fired can easily record the conversation and upload it to platforms such as TikTok. This would be likely to cause you reputational and public relations damage.
People who get bad news about being fired can easily record the conversation and upload it to platforms such as TikTok.
It is never a pleasant event for employers and employees. It heightens stress. This means terminations sometimes lead to legal ramifications when what is really needed is an uncomplicated conversation without resulting in drama.
Even if you terminate employees by the book – taking every moral and legal precaution – it is not in your best interest for the employee to record the termination on video only to be played in court in front of a jury.
You might think you will come across well on camera, but that often is not possible in such a tense situation. Furthermore, video conferencing over the Internet often goes awry from technical issues. Video freezing or dropouts make difficult discussions messier.
Tips for termination discussions:
1. Planning — Prepare all the necessary documents before you schedule termination meetings. This includes the termination letter, severance agreement and Consolidated Omnibus Reconciliation Act (COBRA) notices.
2. Compliance — Double check that you are in compliance with applicable local or state laws in issuing the last paycheck. Many states require you to issue the check immediately. This is also true if the employees still have possession of your company-owned equipment, such as a computer.
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3. Demeanor — It might be an emotionally charged event, but do your best for a dignified conversation. You’ll lessen the chances for anger and rancor. If you don’t, you’ll increase the odds for a legal fight. So keep it brief.
You should focus only on delivering the message clearly. Avoid a debate and a conversation that deteriorates into a scenario resulting in bogus unnecessary justifications terminated employees have used in legal claims.
Obstacles to Anticipate Before You Terminate Employees
4. Witness — Include another company employee in the discussion. It should be someone who is not involved in the termination and who is skilled in tense situations. You’ll want a witness to document the event. This will avoid any “he said, she said” scenarios.
5. Brevity — Keep the discussion short. Don’t be drawn into an argument. Reiterate the termination is your final decision.
6. Conclusion — Try to positively end the discussion. Depending on the employee and the reasons for termination, you can consider offering the person transition help in the form of career counseling or serving as a reference.
Follow up in writing immediately after the call. You should send a formal termination letter with severance details via secure, trackable email or courier. Restrict the person’s network, email, and system access concurrently during or immediately after the termination phone call.
Hopefully, some day the person will be successful.
From the Coach’s Corner, here are related tips:
Management: 5 Most Common Reasons to Fire Employees – With difficult or underperforming employees, you have two obvious problems – the impacts on your organization and the behavior of the individual. Here’s what to do.
If it’s Necessary to Fire Employee on FMLA, Here’s How … – Despite what might you have been told, you can discharge an employee while on leave for cause under the Family and Medical Leave Act. If you feel you must terminate such an employee, here are the guidelines.
HR – Components of a Personal Improvement Plan – With employees who perform unsatisfactorily, it’s time to take action. To give them opportunities to succeed, the customary tactic is a PIP. Here’s how.
Vital Strategies to Avoid EEOC Discrimination Suits – Federal employment discrimination complaints are sky-high — a sad commentary for businesses and public agencies that are large enough for a human resources department. Here’s what you need to know.
Avoid the 5 Biggest Mistakes SMEs Make in HR – If you manage the typical small or medium-size enterprise (SME), you’ve got your hands full just trying to stay profitable. So it’s imperative to be careful in dealing with your biggest expense – your employees.
“What should be the aim of management? What is their job? Quality is the responsibility of the top people. Its origin is in the boardroom. They are the ones who decide.”
-W. Edwards Deming
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