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How To Fire Someone


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Tips for Conducting Employee Investigations Before Termination

As an employer, you must conduct employee investigations before termination proceedings can begin. This is because failure do employee investigations before termination proceedings can lead to lengthy legal battles – and you might find yourself on the losing end.

Why are employee investigations before termination so important?

Conducting extensive employee investigations before termination is so important because a court can use all of your documentation, or lack thereof, if your employee decides to file a wrongful termination suit. If you do not have enough documentation or properly recorded documentation, you can not build a strong case to back up your termination decision. Remember, it is up to you to prove your case. Without the evidence documentation provides, you will have a difficult time doing this. As a result, you might find yourself paying damage charges or stuck with an employee that you don’t want to keep on board – or both.


How to Fire Someone the Right Way

Fire someone quickly and legally with this "how to" guide.


In the business, world firing someone is not as easy as it used to be. In the past an employer could fire an employee who did not meet their expectations or who did not fulfill their job duties. In recent years, courts have passed new laws that make firing an employee harder. In a society where suing someone is easy, employers are finding themselves paying the price for firing workers. Today you risk lawsuits for firing an employee the wrong way. To avoid this problem, you must follow the right steps when firing someone.

What to Do Before Firing Someone

First to fire an employee, you must prepare. This means giving both verbal warnings and written warnings. You must not only give the employee warnings but he or she must recognize them. The employee must sign written warnings and this serves as documented proof that he or she was aware of the problems. If the employee refuses to sign, then you need to get a witness to sign. The witness's signature then serves as proof the worker received a warning. If the employee decides to sue you later, these warnings become important legal documents to support your side of the case. Without them, you will not have a leg to stand on. But if you have prepared properly before terminating the employee, you will have much paperwork ready to go. This should include a termination letter. You present the letter at the termination meeting the day you fire the worker. It should include all the employee's warnings, company policies that he or she violated, pay information, benefits information and anything else the employee will need to know once terminated.

How to Fire Someone Protocol

It is important for there to be at least two company representatives, you and another employee, present during the termination meeting. Having two people provides a witness if something should arise in court. Therefore it is usually wise to include someone from the Human Resources Department as a witness. Also make sure also the meeting is private and confidential. Nobody but the two company representatives and the employee should be present. The meeting should go smoothly and quickly. Everything said should follow the termination letter. At the end, allow the employee to ask questions. End the meeting with a handshake and wish the now ex-employee good luck. You should try to end the meeting on a high note if possible to prevent undesirable behavior.

If you learn how to fire someone the right way, you will find the process goes smoothly and will rarely see backlash from disgruntled ex-employees. This is important since you must protect yourself and your business against potentially costly court battles. When firing an employee the goal is a peaceful resolution. The employee has not been doing a good job, the employer has all the proof of this and the employee has fair warning that it will happen. You must to prove your point, proceed with the termination and then go about business as usual. That is exactly what will happen when you learn how to fire someone the right way.

The smart employer's guide on how to fire someone.

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