It’s hard to fire an employee. It’s not quite as tough as being fired, but it’s a close second. It’s easy to let the emotions of the moment take over and make an error in judgment. So, here are some tips. 
Allow time for reflection
Decisions made in haste or anger are often later regretted during litigation. So before saying, “You’re fired,” allow time for reflection. Take a breath. Or, as my meditation coach says, “Take three breaths.”
You can buy time for reflection by placing the employee on administrative leave while you investigate her alleged wrongdoing or performance deficiencies. As President Abraham Lincoln wisely advised, “Nothing valuable can be lost by taking time.”
Ask whether it’s the process or the person
We sometimes rush to judgment. We try to find the one cause or the one person who is responsible for messing up. It’s the way we’re wired. But we need not be hostage to our wiring. Take a moment and ask some questions:
- Is the employee at fault, or have we asked him to perform in a flawed system?
- Has the employee been trained sufficiently?
- Is the employee an otherwise solid performer who made a mistake and can learn from it?
So, review these questions and give candid answers before taking an employee’s job.
Be aware that a savvy lawyer for the terminated employee may ask you a trick question during a trial or deposition: “Ms. HR Director, you conducted an investigation, correct? What grade would you give yourself?” If you’re unprepared, you might say “B,” to which the lawyer will respond, “So, you know that you could have done more, is that correct?” And if you give yourself an “A,” the lawyer will say, “So you did everything perfectly?” The answer: “I can’t answer the question by giving myself a grade. I can just say that I did the best I could and was as fair as I could be.”
Know where to terminate and when
There’s a lot of debate about this one. I generally think first thing Monday morning is the best time to terminate someone. If you do it on a Friday, the employee has the entire weekend to brood. On a Monday, he can start the new job search ASAP.
The where? If there’s no office space where you can privately terminate someone, rent out a hotel conference room. Yes, it’s a little pricey, but it’s much better than a restaurant or coffee shop. If there is office space, do it in the employee’s office or a conference room, not your office. Why? You can always get up and leave the first two. You’re trapped if you terminate someone in your own office.
Tell the truth
As Mark Twain remarked, “If you tell the truth, you don’t have to remember anything.” But that’s more easily said than done. As I noted in this month’s lead article, it’s natural not to want to confront an employee or discuss unpleasant facts. Consequently, managers sometimes gloss over the reason for a termination, telling the employee that he’s being laid off, when he is really being fired for a performance issue. Always tell the truth.
Also, refrain from blaming others for the decision, and make clear it’s a company decision. Don’t say, “I’m sorry. John has decided to let you go,” or even worse, “I’m sorry, but if it was up to me, you wouldn’t be terminated.” And don’t agree with the employee in an attempt to pacify him. For example, the employee may say, “Maybe it’s for the best. I’m really too old for this job anyway.” Your response shouldn’t be, “Yes, you are right.” It should be, “Age played no role in our decision.”
Bottom line
Remember, firing an employee is the equivalent of capital punishment in the employment context. It should never be done lightly or in a rush to judgment. Take your time and get it right. We all, each of us, deserve due process.
Michael P. Maslanka is a partner at FisherBroyles, LLP. You can watch his video blog by googling “Mike Maslanka @ Your Desk.”
The article has some good tips. I terminated someone once and used my own office. Very bad idea. I actually had to call security. Mr. Maslanka is right on target about using a space where you can leave if necessary, although being a small nonprofit we can’t afford the hotel conference room. Something that wasn’t addressed in the article, what is the general consensus about having another staff sit in on the termination as a witness? I don’t want to seem like I’m ganging up on the employee but also I want to make sure my actions, as well as the employee’s can be corroborated. I’d appreciate feedback from others.
Taking my time in the final firing action is important. Talking with the employee to learn their perspective of the situation can be helpful and also can confuse the situation. Suspending the employee rather than firing, as planned, allowed me to show my willingness to consider the employees comments. He was fired in the end.
Sometimes allowing input is not a good idea. Be sure to have the facts and writen supporting docs. Be decisive and say “It isn’t working out.” Be prepared to repeat this.
I have had a second person sit in as witness if they don’t agree to me recording the meeting.