5 Mistakes to Avoid During a Termination Meeting

Terminations aren’t usually anyone’s favorite part of their job, but sometimes they’re unavoidable. If you’re in the position of needing to terminate someone, you want to make sure to do it right. While it may never be easy, there are mistakes to avoid during a termination meeting that can help minimize the impact on the terminated employee and your organization overall.

Mistake #1: Misinterpreting At-Will Employment

At-will employment is a non-contractual employment relationship between an employer and an employee, where either party can terminate the relationship without notice, at any time, for any reason not prohibited by law. At-will employment does not allow termination based on protected class membership including:

• age
• gender
• pregnancy
• disability
• other protected classes

Mistake #2: Surprising the Employee

Performance issues should be addressed early and directly so employees know what you expect of them. We recommend the progressive discipline approach, the best practices of which are:

1. Create a system that works for your organization.
2. Whatever you pick, stick with it.
3. Don’t be too specific in your employee handbook, as every case may require specific actions and so your managers have some discretion.
4. Document each step in the process.

Progressive discipline can reduce the risks that come along with any termination, as it involves a progression of documented actions with escalating consequences. It also demonstrates good faith, as it’s primarily used to give employees with behavioral or performance problems time and opportunity to improve. And if the process results in termination, you can show it was with good cause. The exception to the progressive approach would be when severe misconduct has occurred, such as physical violence, theft, or intoxication on the job.

Mistake #3: Making Excuses, Apologizing, or Changing Your Story

A truthful explanation shows that you respect the employee enough to be honest. Watered-down reasons like “it’s just not working out,” or “we would love to be able to keep you on,” or otherwise apologizing may give the employee false hope that your decision isn’t final.

• Be truthful and clear
• Remain calm
• Stick to your answers
• Don’t be afraid to repeat yourself
• Don’t feel pressured to expand on reasoning or offer additional reasons for the termination
• You may need to end the conversation if they get physical or ask the same questions over and over

Mistake #4: Setting Yourself Up for an Employment Claim

DO:

• conduct the termination with at least two HR or management representatives present
• document the process
• keep your explanations consistent
• consider severance agreements in certain situations

DON’T:

• terminate for bad or unlawful reasons
• take allegations as fact – conduct investigations as necessary
• fire someone unless you can defend their termination to an outsider

Mistake #5: Forgetting How this Might Affect Other Employees

A termination will sometimes cause others within a team to leave as well. Think ahead about morale issues or possible changes in the day-to-day feel of the office.

• Be as transparent as appropriate for the situation
• Make it clear that terminations do not come out of the blue
• Respect the departing employee by being honest but not unnecessarily detailed
• Make sure employees know they can ask questions and receive honest answers

GTM has HR solutions to guide clients in their employment relationships. Contact us at (518) 373-4111 for more information.