The Law: Lessons you should learn from firing someone

One of management’s most difficult jobs is making the decision to fire someone. It takes a lot of courage to have such a difficult conversation with someone.

But, as a leader, it also is important to take the time to learn valuable lessons from a termination. Perhaps you could have avoided the termination or perhaps you let the situation linger too long.

Here are some thoughts.

1. Plan ahead

Before you fire a poor performer, be ready for someone to step in and assume their work. This will likely include determining what has and has not been done and what needs to be done ASAP.

2. Be careful what you ask for

After you fire a poor performer, remember that you have to find a permanent replacement employee and train them. And remember that the poor performer was going home to tell their family members that they have just been fired.

3. Was it us, or them?

The employer is responsible for setting expectations and guidelines for employees, so there is some blame when employees don’t succeed. While not advocating letting an employee off from owning where they fell short, was there something management could have done better to allow the employee to grow and develop?

Admitting your mistakes to yourself is necessary to avoid making the same mistake in the future. Similarly, if someone quits your company to work for a competitor, it is also a good time to think whether you could’ve done better as that employee’s leader.

4. Failure to communicate?

If the employee was genuinely shocked when you delivered her the bad news, perhaps you weren’t managing the situation.

As uncomfortable as it may be to provide honest and ongoing feedback through corrective work plans and/or performance improvement plans, management should communicate with staff members regularly so they know where they stand with you and with the organization.

If employees don’t know they are underperforming, how can they improve? Consider whether management could benefit from better and more regular communication going forward to give your employees the best chance at succeeding.

5. Delay in pulling the trigger

Did you delay the inevitable and should you have taken action earlier? Consider whether you did more damage to your relationship with the other employees in your organization by allowing that person to stay put as long as you did.

Management’s failure to address low-performing employees may have resulted in the loss of high-performing employees and created a culture of doing just enough to get by.

6. Second-guessing

Make sure that you consider whether termination was the best option, or whether reassignment within the organization might have been the better solution.

While not every employee is meant for every job, perhaps another position within your organization would allow you to retain an employee already accustomed to your firm’s culture and avoid the need to hire someone and train them.

7. Was it personal?

Management needs to ask whether the employee was truly underperforming or whether there was merely a personality conflict with the manager.

While personality alliances are important in business, firing somebody because you don’t like their personality is unproductive. Rise above the pettiness and find common ground. The employee with the worst personality might be one of your firm’s greatest assets.

8. Give the real reason

Many managers shy away from telling employees the real reason for the termination.

For example, the manager might choose to tell the employee that their position is being eliminated rather than telling them the hard truth that they were being terminated for poor performance. Your lawyer will tell you that the employer needs to cite the real reason as a defense in case you are sued.

Managers should come prepared to give specifics on the coaching and/or discipline that led to the termination and the latest examples of the employee’s misconduct or poor performance in the face of clearly communicated expectations.

Also, terminate with respect. Juries like employers who are honest and give employees a fair chance.

Firing an employee is never going to be enjoyable. It deserves a lot of thought, preparation and empathy. Use the experience as an opportunity to reinforce your company’s commitment to a positive workplace culture.

Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids. Comments: (319) 365-9101; wstone@lynchdallas.com