An Irvine employment attorney can explain to you that a poorly executed termination is one of the primary causes for an employment lawsuit. As a result, it is important that you properly plan a termination and know exactly what you want to say beforehand. Here are five things you will want to convey when firing an employee:
- Don’t Beat Around the Bush. Start off the meeting by letting the employee know that you are terminating him or her. You shouldn’t try to sugarcoat the message and should be direct with the employee. You do not want to give the impression to the employee that the decision is not final.
- Explain the Decision. Most employees deserve a short explanation for the termination. You should be honest and avoid praising the employee in an attempt to spare his or her feelings. If your employee is at-will, you may want to consider a generic response to avoid the appearance of giving for-cause rights.
- Don’t Argue. While you may want to explain your decision, you should always refrain from arguing with the employee at the termination. You should let the employee know that your decision is final. If the employee does not agree or becomes defensive, you should allow the employee time to reasonably vent, but you should avoid engaging the employee in an argument.
- Remember Administrative Duties. A difficult part of employee terminations is that you usually also need to wrap up administrative tasks like giving COBRA notices and issuing final paychecks. You should be prepared to address these quickly and accurately at the meeting.
- End the Meeting Properly. You should wish the employee good luck. To help smooth the exit, you may want to offer the employee some privacy in gathering his or her personal possessions. You should also be respectful when asking for the return of your company property like cell phones and laptops.
Contact an Irvine Employment Attorney
Terminating an employee can be a very difficult act. To get help with your termination or other employment issue, talk to an Irvine employment lawyer at Daily Aljian LLP by calling 949-861-2524.