Conventional wisdom says firing an employee is one of the more difficult decisions for managers and HR. Unconventional wisdom says to think differently. Read on.
Thought No. 1: Fire Sooner, Not Later
When a new employee isn’t the right hire, act! When there isn’t a good match between your need and their talent, no amount of patience or training will fix the situation.
Signs there’s no love match:
- The employee unhelpfully complains things were handled differently at a previous employer.
- Friendly advice from mangers either is ignored or triggers an argument.
- The employee papers all disagreements/issues via email.
This employee is a plaintiff in waiting. Say you have a 90-day orientation period. If so, let them go at its conclusion. If the employee displays this conduct consistently, there’s no possibility for a quick rehabilitation.
Thought No. 2: Counsel to Rehabilitate, Not to C.Y._.
The employee messes up. You want to write them up, but before doing so, ask yourself this one question: Am I writing them up to truly help them improve, or am I doing so to paper the file to fire them later?
The first is admirable; the second is cowardly. Be admirable.
Thought No. 3: Discipline Proportionally, Show Mercy Appropriately
True story: It’s 1976. I’m a college dropout. I’m working as the chief room clerk in a large, very nice hotel in Washington, D.C. The Lebanese embassy is around the corner. I swear in Arabic at the front desk at some of the bellmen, and it’s overheard by some Lebanese visitors to the embassy.
A complaint is filed with the Lebanese assistant manager, and when he called me into his office the next day, my personnel file spread out on his desk, he says, “I’m not going to fire you today. You have many good letters from our guests. Now, get back to work. Read my memo that I’m posting for all employees this afternoon.”
The memo: “Only I will be permitted to swear in Arabic at the front desk. Anyone else doing so will be terminated.” Message received—and profoundly appreciated. I never forgot the lesson of a good employee with a momentary lapse.
Thought No. 4: Pause and Ask About Length of Service
When I was in practice, one of the first three questions I would ask a client wanting to fire an employee is this: How long has the employee been with you?
Juries believe long-term employees (say, 20+ years) deserve better treatment than shorter-tenured employees. You won’t find this advice in a book, but it’s a practical reality.
Jurors think: The company didn’t have to downsize him. They could have found him another job in the company after all those years! One mistake, and he gets the axe. He deserved another chance. They fired him for poor performance, but he lasted there 20 years! You get the idea.
My advice: Proceed with extra caution.
Thought No. 5: Act Ethically
Yes, it’s hard to fire and discipline. As humans, we want to avoid conflict. I get that. But know this: Every minute, every day, every week that a person spends in a job they’re ill-suited for is one less minute, one less day, one less week they’ll spend in a job they’re actually suited for.
Life is too short—for all concerned—to do otherwise.
Michael P. Maslanka is a professor at the UNT-Dallas College of Law. You can reach him at michael.maslanka@unt-dallas.edu.