One of our employees isn’t working out. His sales have been consistently low, he has trouble meeting deadlines, and he doesn’t interact well with clients. We’ve decided to let him go. What should we cover when we meet with him? Thank you.
— Maryanne P., Santa Monica
Mishandling a termination meeting could lead to costly trouble if the person later decides to sue. At the 2007 California Employment Law Update, held Dec. 10-12 in Berkeley, Diane O’Malley, an attorney at the San Francisco law firm Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, provided tips on conducting an effective termination meeting when firing a poor performer. Here are key points to keep in mind.
Plan for the meeting. Make sure you have any documents or other evidence of the person’s poor performance in order before the meeting. Documentation is an important factor in warding off a claim that you treated the person disparately. If you think the meeting will be difficult, consider rehearsing what you’re going to say
Think about security. Depending on the employee and the circumstances, you may want to inform building security ahead of time that you’ll be conducting a termination meeting.
Limit and control the meeting. Provide specific examples of poor performance that resulted in the termination. Remember to keep the meeting focused, and be honest and straightforward with the employee.
Have a witness. It’s a good idea to have an HR person and/or the employee’s supervisor present. It may be necessary to later recite what occurred during the meeting in the event of a lawsuit. Having a witness take notes may help you establish that your account of the meeting is correct.
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Protect the company’s intellectual property.
If the person signed a confidentially agreement when he or she was hired, remind the person of it and present a signed copy to him or her. If the employee had access to confidential information, immediately change passwords or passcodes.
Obtain company property from the employee. Have the employee turn over any company property, such as office keys, building access cards, laptops, or cell phones.
Issue the final paycheck. Terminated employees must be given their final paycheck immediately. You’re not permitted to withhold the paycheck until the person returns company property.
Discuss severance or a release. If you want to discuss an agreed-upon separation settlement because there may be potential claims, have a draft agreement ready to go over at the meeting.
Treat the person with respect. Losing a job is a very stressful situation; don’t overlook how this is impacting the person. How you manage the meeting and treat the person during the termination process may greatly affect how the employee feels after he or she goes home—and whether he or she will sue. Ask the person if he or she would like you to communicate a specific message to other employees.
—CELA Editors