HR Management & Compliance

Fear of Firing: How to Handle HR’s Least-Liked (and Most Dangerous) Task

No one likes to fire an employee, but you are a manager, get over it. Focus on doing it right, because big money lawsuits hinge on your skills. Fortunately, an upcoming webinar on wrongful termination can help.

In the last Advisor, we talked about what to do if you get fired. Now let’s look at the flip side of the coin—what to do when you have to do the firing.

First, realize that although firing people is unpleasant, it’s part of the job. So instead of fretting, put your energy into doing it right. That means reducing embarrassment, treating the employee with respect, and making the event as dignified as possible, while at the same time avoiding the kind of statements and actions that can end up dragging you into court.

What Are the Legal Problems?

First, there is the issue of dignity and pride. In many cases, the way people are treated at termination decides whether or not they will file legally. A sudden, shouting, and angry firing in front of the whole workplace brings thoughts of lawsuits. A reasoned meeting in a private area, where the person is treated with respect, is less likely to.


Discover the rules your supervisors and managers need to follow at BLR’s 90-minute, April 16 webinar, Wrongful Terminations: The 7 Rules You Must Follow to Avoid Bias Claims and Stay Out of CourtClick for more info


Then there is the “reasons” challenge. That’s when managers or supervisors—either trying to be nice or scared out of their wits—give a reason for the termination that they think sounds good, but isn’t true. For example, “we’re having tough times, your job has been eliminated,” or “we are reorganizing,” when the real reason for the termination is poor performance.

What happens is that the person sues, saying, “there are no tough times. You replaced me right after I left. You actually fired me because I am [fill in the blank—white, black, old, young, gay, married, pregnant, etc.].”


Find out together at BLR’s 90-minute, April 16 webinar, Wrongful Terminations: The 7 Rules You Must Follow to Avoid Bias Claims and Stay Out of Court. Can’t attend? Pre-order the CD. Click for more info


In court, when the plaintiff’s attorney rightfully points out that there was no reorganization, and that the person was replaced soon after leaving, you then reply with, “I just said that to make her feel better. Actually, we fired her for poor performance.”

Guess what. You’ve just compounded your problem. Now there’s one thing the judge and jury know for sure—that you are a liar. Were you lying then, or are you lying now? Not where you want to be, is it?

And it gets worse. That’s because, in trying to be nice, you didn’t document that poor performance. You’re cooked.

Tremendous Legal Risks

The bottom line is this: There are so many different ways to get it wrong. The solution: You have to train every manager and supervisor involved in terminating employees. To do so quickly and economically, our editors are recommending BLR’s April 16 in-depth, practical 90-minute webinar, Wrongful Terminations: The 7 Rules You Must Follow to Avoid Bias Claims and Stay Out of Court. It’s all about the right (and wrong) ways to terminate employees.

You’ll learn the best ways to prepare for terminations and handle those meetings with employees, as well as how to get your pre-termination files in order. Plus, you can submit your own questions about firing workers via e-mail, or live on the phone-for a quick answer from our experts, who are both experienced employment law attorneys. Some of the key points they’ll cover:

–The importance of documentation
–How probationary periods can hurt you
–What your employee handbook must, and must NOT, say
–How to end “performance evaluation inflation”
–The logistically and legally correct termination meeting
–What to do about whistleblowing claims

The date is Wednesday, April 16. The time: 1:30 pm to 3 pm Eastern time-adjust for your time zone. As with all BLR webinars and audio conferences, one fee trains all the staff you can fit around a conference phone, and your satisfaction is assured or you get a full refund. Can’t attend on that date? Pre-order the CD.

For more information on the webinar and the experts presenting it, to register, or to pre-order the CD, click here

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