Termination Tips: How to Fire an Employee

If you have given a failing employee the opportunity for improvement within a progressive discipline structure but the problem persists, you may determine that termination is the only remaining outcome. After you’ve made this difficult decision, we suggest a less-is-more approach to delivering the news.

Here are our top tips for terminating an employee gracefully:

  • Treat all employees being terminated consistently; have a policy and enforce it fairly.

  • Be aware of potential issues and if they have filed a worker’s compensation claim, taken leave under the FMLA, filed a discrimination complaint, or complained about a safety or wage issue in the last 6 months; consult with legal counsel before proceeding.

  • If the termination is for cause, ensure you’ve adequately investigated so there are no surprises at the termination meeting.

  • Plan in advance - determine the location, arrange for a witness to be present, get security onboard if safety is a concern, and create a termination checklist including what items should be returned by the employee.

  • Anticipate different scenarios that might happen during the termination meeting and how they will be handled. Role-play each if you need to. Create a script to deliver the news and don’t stray from it during the meeting - the employee may ask for reasons, but don’t be drawn into this. Simply repeat the script - brevity is key.

  • Make sure you are compassionate and allow the employee to retain their dignity, but don’t let guilt lead you into complimenting them, as this can open you up to a wrongful termination suit.

  • Decide if the employee will remain for any time period post the termination meeting (we don’t recommend it), whether they will be allowed to say goodbye to employees, and who will accompany them to collect their belongings.

  • Prepare and provide information on any available initiatives such as severance packages, outplacement services, insurance continuance, and employee assistance programs.

  • Prepare for communication once the termination takes place - notify IT to cancel their email and revoke access to systems, and guide your managers on how they should share the news with remaining employees (we recommend sharing as little information as possible - “John will no longer be working with us” is sufficient).

  • Document everything!

Once your preparation is complete and the actual termination meeting is underway, leaders need to remain calm and collected.  Keep the meeting short and to the point.  Avoid lengthy conversations so you don’t inadvertently say something that could be used against you in court. 

If there is any suggestion that the terminated employee may seek an administrative procedure or lawsuit, obtain legal advice before responding.