Although some angry former employees who’ve been fired have tried to physically harm or kill their former employers and co-workers, there are constructive steps you can take to greatly lower the chances of any workplace violence. After all, most workers don’t suddenly begin doing poor work or behaving rudely to others. There is usually an extended time period when a person’s work starts to deteriorate.
If you’ll conscientiously conduct regular employee job evaluations that put each worker on notice of any deficits in their productivity or demeanor, being let go should rarely come as a surprise (unless there’s been a sudden, violent outburst or you’ve recently discovered illegal activity).
Here’s some specific advice about how your company or office manager should interact with employees once you’ve decided to fire them.
Workplace practices that may help a dismissed employee cope better when terminated
Give serious thought to creating a folder with all the materials the employee will need inside of it. Then, tell the employee you’d like to go over the different forms, possibly including any severance agreement that your company may need signed and dated in your presence. If you employ 20 or more employees, be sure to include adequate information about how the employee can apply for (and most likely) receive health insurance through the COBRA program. (COBRA stands for Consolidated Omnibus Budget Reconciliation law.) And be sure to check with your Houston employment law attorney to see if Texas requires that you provide the person with any other health insurance information.
Remember to always speak in a calm and pleasant tone, even if the employee becomes a bit agitated or excited. Consider always having a company (or building) security guard on hand in the outer office, just in case an upset employee becomes unruly.
Be willing to stop and answer questions. After all, most people have many questions they need to ask at such an upsetting time in their life — even if they “should have known” this event was likely. Carefully explain exactly when a final check will be cut and explain how you will deliver the funds to the person being dismissed.
In addition to all company vehicles, be sure to collect all ID badges, security parking tags not currently affixed to vehicles, beepers, cell phones and confidential company publications.
Finally, you should calmly allow the employee to express some moderate anger about the decision. Sit quietly – and at most, simply restate that the decision is final. By listening to the person, you’re affirming them to some extent, and that’s important to having the individual leave in a calmer state of mind.
Unless the employee becomes verbally abusive (not just angry or a little flippant), ask them to be prepared to leave with all their belongings right after the meeting. (Of course, you should have already conducted a thorough investigation of any reported wrongdoings by the employee – and given that person a chance to explain his/her side of any alleged wrongdoing.)
Note: Always be sure that the person has time to collect his/her belongings and remind them to check the employee lunchroom or any locker that may have been assigned. It’s also wise to state that you will not be discussing the dismissal further with any of the departing employee’s co-workers. As for references, try to state (if true), that your company normally only provides confirmation of employment dates, without further comments or explanations. (Be sure that’s already set forth in your employee handbook). If the person has remained calm, brief goodbyes to co-workers should also be allowed.
And remember that in most states, you’re usually required to pay the employee for any accrued vacation time.
Gray areas can easily occur during dismissals
A bit too often, people get very angry when being fired. In some cases, they will storm off during your meeting, claiming that you can’t fire them – because they’re quitting. While you do not have to put up with rude or antagonistic behavior, you might want to calmly note that being fired might be the better option, if they prefer to sit and think about it for a few minutes.
However, you have no duty to try and counsel the person on this issue. Just be aware that when any employee says s/he is walking off the job, the law may not treat that person as fired – causing the individual to lose access to unemployment benefits.
If the departing employee really tried hard to do good work for many years and may just no longer be able to keep up with new job technologies, your company always has the option of covering the fee so that individual can go to a local personnel agency and receive one formal placement in a new position.
Final tips for carefully handling employee dismissals
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