Firing an employee is a tough decision for any business owner. Make sure to do it the legal way. No one likes to fire an employee. You may be concerned about hurting the feelings of a likable, yet unproductive, worker. You may know how financially devastating it will be for a hard worker that you can no longer afford to pay. Or, you may be worried about a violent response to the news of termination. Regardless, there are government regulations to comply with and firing procedures that you will want to follow to avoid perils, such as getting sued.<\/p>\n\n\n\n\n\n\n\n
Termination is usually due to job performance or your business\u2019s need to reduce the number of employees. But firing an employee is not that simple.<\/p>\n\n\n\n
Most employment in the U.S. is \u201cat will.\u201d That means an employee can quit or you can fire an employee at any time, with or without a reason. However, there are laws that protect employees from unfair dismissal due to discrimination, and you could face the time and cost of a lawsuit.<\/p>\n\n\n\n
To legally fire an employee, be sure that the firing could not be considered discriminatory. There are federal laws that protect workers from being fired due to age, gender, race, disability, genetics, national origin<\/a>, or religion. In addition, your state<\/a> may protect other groups or apply the laws to businesses with fewer employees (e.g., federal law applies to businesses with a minimum of 15 employees vs. Ohio\u2019s minimum of four).<\/p>\n\n\n\n There are other reasons that a firing may be considered unlawful. For example, an employee cannot be fired for making a legitimate report to OSHA<\/a> (Occupational Safety and Health Administration)–sometimes referred to as being a whistleblower. Also, employees who take time off to serve jury duty<\/a>, perform military service (protected by USERRA military <\/a>leave<\/a>), or take medical leave<\/a> are also protected.<\/p>\n\n\n\n Yes, you can \u2026 sometimes. For example, do you know someone who was fired for things they posted on social media?<\/p>\n\n\n\n As an employer, you are within your rights to fire an individual who violates your business\u2019s code of ethics even if it is offsite. You expect your employee to operate in the company\u2019s best interests, on or off the clock<\/a>. Also, any illegal actions performed outside of work can be cause for termination. It boils down to this: if you feel there is just cause for the employee to be terminated for outside conduct which is damaging to your business, you can fire them.<\/p>\n\n\n\n Your state may have restrictions to follow, and there is always the chance that the employee will sue you. Depending on the nature of your business, you may want to create an employment contract<\/a> that stipulates your expectations for off-duty behavior. It is also a good idea to address these concerns in your employee handbook<\/a>.<\/p>\n\n\n\n It shouldn\u2019t be a surprise to the employee when they are fired for poor performance, as long as you have been communicating your concerns. On the other hand, if you have to let an employee go because business is bad, they could be blindsided.<\/p>\n\n\n\n If you are terminating an employee for cause, it is important to have a record of the individual\u2019s behavior in their employee file. Helpful items kept in an employee file<\/a> include performance reviews<\/a>, anecdotal notes of any infractions, efforts to help or re-train the employee, disciplinary actions, etc. You may want to create a cheat sheet with some of the dates or details, in case you need to refer to the record during the termination meeting.<\/p>\n\n\n\n If you have information in your employee handbook regarding the employee\u2019s behavior or the employee termination process, be prepared to share the information when you meet with the employee.<\/p>\n\n\n\n Try to anticipate questions and have the answers or resources for the employee. Be prepared! What are your state\u2019s requirements, and when will the employee receive their final paycheck<\/a>? Does the employee have duties or unfinished work that needs to be reassigned? What’s the cost of firing an employee<\/a> going to mean for your team? Determine the employee\u2019s last day (e.g., today, Friday, one week, etc.). In case it differs from federal regulations, does your state require you to offer continuation of insurance coverage (COBRA<\/a>)?<\/p>\n\n\n\n If the employee has a private office with a door, that will likely be the best place to meet. The employee will feel the most at ease, and you can leave the room when the conversation is over. You will want to keep the conversation short; usually around 15 minutes. The private space also gives the employee a chance to regroup before facing customers or coworkers.<\/p>\n\n\n\n If the employee does not have a private office, you can use any other private place for the conversation.<\/p>\n\n\n\n When deciding what day to meet with the worker, consider your other employees. If a fired employee stomps out of the building late on a Friday, will the rest of your staff be wondering if they will be next? A weekend of unanswered questions could result in a somber, unproductive Monday.<\/p>\n\n\n\n If you anticipate that the employee may become argumentative or possibly violent, you may want a witness, or even the police, to be in attendance when you fire the employee.<\/p>\n\n\n\nMore unlawful reasons to fire an employee<\/h3>\n\n\n\n
Can you fire someone for behavior outside of the workplace?<\/h3>\n\n\n\n
How to fire an employee<\/h2>\n\n\n\n
Check your records<\/h3>\n\n\n\n
Do your homework<\/h3>\n\n\n\n
Decide upon a time and place<\/h3>\n\n\n\n