Part of handling a business or company is employee termination. Though nobody wants to do this, many circumstances will warrant employee termination as the company’s best option. It is important that you know how to handle employee termination in order to avoid legal problems. On the onset, you must determine situations that need employee termination. Safeguard the company against discrimination and wrongful termination legal suits. Treat your employees with respect and consideration. Endeavor to keep a positive workplace environment for employees who remain.

Should any employee do something that seriously warrants termination, a thorough investigation of the circumstance is of utmost importance. Check employee files for records of any past performance problem or work violation. If the situation can be remedied, resort to ways other than termination in order to resolve the problem. A company may do well in following the wrongful termination checklist Nolo has come up with. He is a do-it-yourself legal advisor. He advises some steps an employer should take in order to stay on the right track of the legal system.

First, properly document the situation. Once a problem is foreseen, document all relevant communication. Make it a point to give a formal letter when you fire employees. This termination letter must include the company’s reason for terminating the employee, the number of days or weeks of notice, information on employee benefits. Make reference to all efforts you have made in order to resolve the problems.

Samples of termination letters are available at Lawdepot.com. This site also allows you to build customized termination letters. Templates are offered free of charge at the HR Document Ctr., although they are quite basic templates. A useful Desktop advice and resource on documentation would be 101 Sample Write-Ups for Documenting Employee Performance Problems.

After proper documentation has been made, you must plan, prepare, and conduct a personal meeting. Time the meeting at an appropriate date. Thoughtfully plan everything you are going to say and be prepared to answer any question or issue your employee may throw out. Vault.com offers tips on how to handle a termination meeting.

IT must be notified of your plans to fire someone. By being informed, all related communication and correspondence will be immediately preserved. IT will also incorporate measures to ensure that all corporate files and pertinent company information (or documents) will be well secured. With this in mind, you should learn how and when to involve the IT Dept. to ensure company data security.

Have clear termination policies. Develop solid policies for employee termination and make sure that all incoming company employees will be informed of these policies from the start. For more help, see PersonnelPolicy.com. There you will be guided through the procedure or process of developing and writing out personnel policies and employee handbooks.

As you and the employee discuss termination procedures, assure and enlighten them about available benefits. Point them towards other available resources. For instance, they may be eligible for unemployment benefits and/or some medical coverage. This is under the COBRA (Consolidated Omnibus Budget Reconciliation Act).

Lastly, always keep security in mind. If you are unsure of the physical, social, and mental disposition of the employee you’re dealing with, always have security people within reach. Inform lobby staff about foreseen problems.

Tags: Employee Termination, Firing, Firing Regulations, Termination Letters, Termination Policies