Updated: How to fire someone. Step-by-step.

November 3, 2008

Firing Employees - As you complete the form, you must think

You don't need an air tight case to fire someone ... but you need to know these factors.

As you complete the form, you must think through the worker's behaviors, how it violates firm policy and what the employee should do to change. Here you must give the worker chances to upgrade before layoff. Imagine explaining how you dismissed someone for this reason to an impartial jury in a courtroom. If your worker refuses to do their job, you have a case of gross misconduct on your hands. But, you could also dispute the claim based on the other disqualifiers mentioned earlier in this report. Just stick with the documented facts, cover only job performance (not, off-duty conduct) and disclose anything negative which the potential employer "desires to know.". If you separate an employee for misbehavior, you should have valid reasons and document it properly. It is important to remember a court can use the memorandum as legal proof in the future, so it is important to draft a copy and have someone else in the personnel department review it. As you know from Chapter 4, you give your guideline discontinuance package for a low-risk lay off. If your rules are legally sound, you can fire personnel on the spot for employment gross misconduct. Even if you know your worker is taking leave under FMLA, you can still fire her or him. Here are some other alternatives: If the worker is a poor performer, you must put the worker into escalating discipline and give him a chance to upgrade.

2) The employee wants to negotiate your package. For example, you should separate a plant supervisor for an unacceptable number of safety violations or missing quota. Make it clear when the employee agrees the poor performance is not related to it. (By the way, if this is a high risk layoff, you don't need a termination letter since your goal is to get the worker to resign voluntarily.)

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You don't need an air tight case to fire someone ... but you need to know these factors.

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