Managing People - Firing Employees
Ask Bob

Ask Bob About Firing Employees

?Any there any specific steps suggested to avoid an age discrimination suit?

In addition to the steps suggested throughout this section that should be observed prior to and during a firing, consider hiring an older individual to replace the fired employee. This isn’t an ironclad guarantee of winning an age discrimination suit, but it sure won’t help the plaintiff’s case!

?Is it better to fire several people at the same time?

If you have decided to fire more than one individual, it is best to fire them simultaneously. If you effect the firings piecemeal, remaining staff members will wonder, “Who’s going to get the ax this week?”

?Should I announce the reasons for a firing to others?

No. There’s already enough risk involved in a firing. When customers or vendors call, instruct the receptionist or other personnel to simply say “John Doe is no longer with us. Sally Smith has taken over his duties. May I connect you with her?”

If the firee was a key manager, you may feel compelled to detail the reasons to other managers. This is OK, but don’t reveal anything that you can’t substantiate. Avoid negativity and insist that the topic remain confidential.

?Should I fire someone who is leaving soon anyway?

Often, but not always, employees who have given notice slow down their work pace in the period before their actual departure. If you aren’t happy with this, ask them, sincerely, if they would prefer to leave earlier.

If the employee would like to continue in your employ until the announced departure date, encourage him or her to keep up their work pace, but don’t push the employee to leave earlier. The legal risk for the company and the trauma that may be caused to other members of your work force are good enough reasons to avoid a firing in this instance. Besides, the employee has done you the courtesy of giving you advance notice of departure.

?What can I do to avoid a lawsuit after firing someone?

If you are seriously concerned about this possibility, contact an attorney that specializes in employment law. Depending on the situation, the steps the attorney recommends may include paying your standard severance pay package, offering extra severance pay in exchange for signing a legal release, carefully documenting the reasons for the termination, promptly processing unemployment claims, promptly sending the employee any personal belongings left behind, and paying the employee any past due wages at the same time as the separation as mandated by law.