Issue 11 - September 2003

Friendly firing: How to terminate with propriety
by Ivan Delman, DC

Running a successful office means having the right people in the right jobs at the right time. So, when you find that one of these “rights” is wrong, it’s time to make a change. And the question becomes, “Is there ever a good time to fire an employee?”

The answer: No. But there are “good” ways to end an employment relationship, which make the task less onerous and lessens the likelihood of creating a disgruntled ex-worker who may file a lawsuit.

Here are two recommendations:

• Don’t fire on Friday. Process the termination prior to the end of the workweek. Why? Well, if you fire a person on Friday afternoon, he has an entire weekend to let resentment grow. And he can’t do anything positive — such as file for unemployment compensation or look for another job.

• Wait until the end of the workday. If you fire someone in the middle of the workday, it implies she did something so wrong that she had to be fired immediately. Legally, this could be construed as “defamation by innuendo.” It also could be an expensive oversight if that ruling happens to be used against you in a labor dispute.

Here’s some more food for thought.

Before the termination
• Find a private place. If that doesn’t work, then wait until you close your office for the day. If the employee being fired is of the opposite sex, ask a trusted member of your staff, of the same sex as the person being fired, to be present during the termination interview.

• Plan your speech. In fact, write it down and then practice it out loud.

Clearly state the reason for the meeting, the reasons for the termination and the fact that the decision is not open to discussion.

Be sure to have the documentation outlining the performance issues — such as the rules that were broken or the work that was not done to standard, despite training — that caused this termination.

Take care that the documentation you use to explain broken rules or performance issues is accurate and true. Otherwise, if legally challenged, inaccuracies will place you on the losing side of a labor board dispute.

At the meeting
Plan for a 15-20 minute meeting. Many employees will want to argue against your decision to fire them. Stay in control by limiting your discussion to the subject at hand — the termination and the reasons for it.

I’ve talked to several DCs who said they found firing an employee was very uncomfortable for them. Well, OK, that’s understandable. Then, they confessed that they shared their uncomfortable feelings with the person being fired. And a few have told me they actually apologized for the termination! That’s not recommended. Making that statement sends the wrong message.

While it’s all right to express your regrets in a sensitive manner, don’t apologize and shoulder the responsibility for your employee’s inability to handle his job.

In the meeting, go through the reasons for the termination and don’t get sidetracked into trying to figure out what went wrong. Arrange for the departing employee to remove personal items from work without disturbing the rest of your staff or embarrassing the fired employee.

Document the meeting
Big corporations have a form for everything. When I opened my own business, the only form I used for termination was my discipline form, modified with a pen to suit the occasion. If you are “into” using forms-for-all-occasions, you can buy anything you need from a human resources supply house.

Facing your staff
You’ll want to allay rumors and your staff’s fears by offering a general explanation of the termination. You have an obligation to respect the employee’s privacy, so don’t divulge details of the termination. It’s best to just say, “It didn’t work out between Ms. Jones and her job.”

Most important: Never say anything derogatory about Ms. Jones or any aspect of her job performance. Don’t get dragged into a “Ms. Jones bashing contest” with your other employees after she’s gone.

Even though terminating an employee is a tough job, it still can be handled in a smooth and professional manner. By using your company manual as your guide and an HR expert as your advisor, you’ll be able to terminate an employee with propriety. Your fairness and compassion will help you avoid litigation and maintain your reputation as a good employer.

After all, it’s just good business.

Dr. Ivan Delman, who is degreed in business as well as chiropractic, is the author of The Business of Chiropractic: How to Prosper AFTER Startup. He can be contacted at Ivan@BusinessofChiropractic.com or through his Web site, http://businessofChiropractic.com.