HR Management & Compliance

Fired for Cause—It’s a Process

In yesterday’s Advisor, Attorney Julie Moore offered do’s and dont’s for layoffs. Today, her tips for “for cause” terminations and an introduction to a webinar specially designed for managers of small, or even one-person, HR departments.

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.


Feel as if you’re all alone in HR? Our February 11 webinar is just for you—The HR Department of One: How to Handle the Essentials and Reduce Your Legal Risks. Get more information


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.

Being your organization’s one-person HR department can give you a real sense of ownership, and there’s certainly never a dull moment. But many solo HR managers report high levels of stress, burnout, and frustration. And it’s easy to make compliance mistakes when you’re the only one fielding employee questions and complaints, handling the paperwork, and dealing with directives from above. Want help?

Join us on Feb. 11 for a special webinar just for you—The HR Department of One: How to Handle the Essentials and Reduce Your Legal Risks—as our expert speaker shares her practical tips and strategies for surviving (and thriving) as an HR department of one.

You’ll learn:

  • How to build credibility and connections with your workers — without spending all your time on relationship-building
  • Why technology and templates can be your best friend, and how to most effectively utilize these tools
  • How to make sure all of your legal bases are consistently covered
  • Best practices for tracking — and complying with — the key employment laws affecting your workforce
  • Why you must enlist the help of frontline supervisors to extend your reach, and the best ways to build these alliances
  • Where to find templates, sample forms and policies, and checklists for handling many HR tasks on your own
  • How to manage your workload efficiently while still remaining accessible to your employees
  • Which employee issues can be resolved in house – and which issues may require the help of an employment attorney
  • The most common mistakes made by one-person HR departments – and how you can avoid repeating them

Small HR department? Feeling lonely? Join us on February 11 for The HR Department of One: How to Handle the Essentials and Reduce Your Legal Risks. Click here for details.


The date is February 11. The time, 1:30 pm to 3 pm (Eastern Time—adjust for your time zone). As with all BLR webinars, one fee trains all the staff you can fit around a conference phone. You can get your (and their) specific phoned-in or emailed questions answered in an extensive Q&A that follows the presentation, and your satisfaction is assured or you get a full refund.

What if you can’t attend on that date? Pre-order the conference CD. For more information on the conference and the experts presenting it, or to register or to pre-order the CD, click here. We’ll be happy to make the arrangements.

Friday, February 11, 2011
10:30 a.m. to 12:00 p.m. (PST)
11:30 a.m. to 1:00 p.m. (MST)
12:30 to 2:00 p.m. (CST)
1:30 to 3:00 p.m. (EST)

For more information on The HR Department of One: How to Handle the Essentials and Reduce Your Legal Risks, or to register or to preorder the CD, go here»

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