Moore's suggestions for handling terminations came at BLR®'s National Employment Law Update held recently in Las Vegas. Moore is president and founder of Employment Practices Group in North Andover, Massachusetts.

"You're Fired" — For Cause

Vanessa has been with the company for two years and, despite supervisory training and coaching on her performance and the company's expectations, her performance remains sub-par. Her repeated mistakes and lack of productivity are affecting the rest of the department, both in effectiveness and morale. Unless this situation changes, Vanessa's employment needs to be terminated.

Being fired for cause is handled very differently than being fired in connection with a reduction in force, says Moore. A layoff is a one-time event; a termination is a process. It requires documentation before the termination decision is made, documentation throughout the performance improvement plan period, and documentation at termination, she adds.

Before any words are spoken:

• Review the company's policies and procedures regarding termination
• Examine Vanessa's personnel file. Closely review her performance appraisals and any other documentation regarding her performance.

Recent positive glowing performance appraisals, high ratings, raises, and bonuses should give pause, and you should ensure that adequate documentation of sub-par performance exists.

Your words must communicate that this situation is a result of unacceptable performance, not personality. For example, say, "You need to complete all daily call reports by 4 pm" not something more vague like "You never manage to get the daily reports in on time." You must also relay your willingness for her to have an opportunity to improve, Moore says.

Vanessa needs a timeline for completing her goals, and your communication needs to be clear that an inability or unwillingness to complete and sustain expected levels of performance will lead to her termination of employment. She needs to acknowledge her understanding of what's expected of her, as well as the seriousness of the situation.

Your communication in this situation can be a balancing act. Your other employees, who know from the office grapevine that Vanessa is "in hot water," need to see that you are professional, respectful, and supportive during what is a difficult and awkward employment situation for everyone. Your communication—both oral and in writing—needs to support the performance plan: fair, balanced, accurate, and about the work.

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What Not to Say

These conversations can be very awkward, which can result in a soft-pedaling of the basic message, such as

• "You need to do better ...”
• "This could be okay ..."
• "Sometimes, it seems like ..."
• ”I get the feeling that you... .”

NO, says Moore, be straightforward. Be non-negotiable. Maintain composure and stick to the message.

Awkward conversations—just one more HR headache. We're talking about intermittent leave headaches; accommodation headaches; investigation headaches; training, interviewing, and attendance headaches; to name just a few. In HR, if it's not one thing, it's another. And in a small department, it's just that much tougher.

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