When terminating an employee, there are several steps you must take in order to ensure a fair dismissal. Unfairly firing an employee presents legal, moral, and ethical issues.
As an employer, you must take careful consideration to ensure you adhere to the legal and ethical regulations regarding the termination of an employee’s contract. Although the exact legal and ethical standards differ across the country, there are some general considerations that every employer should take when fairly dismissing an employee from their workplace.
Below, we have covered the steps you must take to fairly fire one of your employees.
Document Your Reasoning
You must have a fair reason for firing an employee, such as low performance, inappropriate behaviour in the workplace, or gross misconduct. It’s important to document the reason for your decision to terminate an employee’s contract so you have written evidence of the situation.
You may need to present this evidence if the employee you’re firing chooses to take legal action against you. Be sure to document performance issues or misconduct in an objective manner and avoid adding your personal opinions or biases into your documentation.
Conduct a Formal Review
You may initiate a review process when you decide to terminate one your employee’s contracts. This may involve sitting down with them and discussing your issues, setting new goals, or providing a formal warning if necessary.
Document everything that you say to your employee during your one-to-one meetings and the various resources you provide for them. Again, your documentation is vital evidence if you end up in a legal battle with your employee.
Conduct a Termination Meeting
After finalising your decision, you should arrange a termination meeting with your employer to inform them of their contract termination. You must remain professional, calm, and empathetic during the meeting, and avoid making harsh accusations or unwarranted critical statements about them.
Provide an opportunity for your employee to ask questions and be as helpful as possible during the termination meeting. It’s best to leave on a good note and prevent any negative feelings towards one another so the employee is likely to bad-mouth your business.
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Collect Equipment from Your Employee
Following the meeting, arrange fired employee equipment return if they have borrowed various items from your office to work at home or in the field. You should also ask for keys and access cards back from your employee so they can’t access your office when they have officially left your company.
Make sure your Human Resources team handles the paperwork associated with the termination and completes any relevant administration tasks to avoid delays or errors following the dismissal.
Offer Ongoing SupportIt’s a nice gesture to offer ongoing support to your recently fired employee to ensure they are able to manage emotionally and financially after their contract termination. Consider offering assistance with job hunting and resume writing or providing referrals to counsellors if they’re struggling with their mental health.
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