Terminations can be tricky, especially in employee-friendly states like California. And although there is no shortage of advice on best practices for reducing the risk of wrongful termination claims and other associated legal challenges, we still get it wrong often.
In many cases, this is because, in addition to all the checklists, forms and steps to implement a termination, we often forget the personal side. Here are two strategic intangibles critical to a more successful termination in any state.
The human side
Most leaders, including experienced HR folks, experience personal stress in the time up to, including and after a termination. Interrupted sleep, second-guessing and guilt over the impact it feels like one individual can have another another’s livelihood can be overwhelming.
However, that is a good thing.
In the many, many terminations I have conducted or advised on, I suggest leaders embrace that anxiety as a reminder to respect the human across the table. By remembering that we are all people, and this is a tough situation, we can use that pit in our stomachs to ensure that the experience is respectful of the person being terminated.
Similarly, even if the person was a horrible employee and is being fired for tremendously negative reasons, it is critical to remain professional and treat the soon-to-be ex-employee with dignity.
In such cases, if it is tough to care about the human sitting there, take a minute to consider social media and sites like Glassdoor where ex-employees are free to post anything they want about you, the business and the whole experience.
As frustrating as it may be to seemingly be nice to a bad employee, consider it an investment is the future as well as preventative medicine
Patience
Next, it is important to realize that just because the difficult meeting is over, and the desk has been cleaned out, the termination is not complete. Communicating clearly, repeatedly and consistently to remaining staff and the ex-employee are critical steps in the termination process.
As such, post-termination patience is of the utmost importance. Be ready to address questions from staff, doubts from the team, challenges that may arise because of the gap created by the loss and more.
Even if the reasoning was clear, was overcommunicated before and you think that everyone should get it and move on — give it a little extra time. Terminations affect staff differently and at different times. Do not expect staff to move on right away, even if the employee was undeniably horrible.
Related, it is also important to embrace patience with questions from the ex-employee. As tough as it may be, remaining professional, supporting the employee and transitioning them to whatever relevant outside services will support them going forward (e.g., benefits for continued coverage, outplacement, etc.) can be extremely beneficial.
In many states, not just California, ex-employees can make claims against an employer long after their employment ends and even if they have signed a separation agreement.
The bottom line is: ex-employees are less likely to take action against the organization if they have felt respected.
Ensure the termination process is thorough and supportive; even if the employee is fired, scorched earth is not the best policy. Embrace patience and respect for an improved termination process.
