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Article Title:
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The Ten Commandments of Termination

Article Description:
====================

Keeping poor performers costs companies millions of dollars
annually in low productivity, poor morale, work-related stress
complaints, and poor quality of work. The Ten Commandments of
Termination is a blueprint for how to separate underperformers
fairly, legally, and in good conscience.


Additional Article Information:
===============================

752 Words; formatted to 65 Characters per Line
Distribution Date and Time: 2008-07-22 11:36:00

Written By:     Lois P. Frankel, Ph.D.
Copyright:      2008
Contact Email:  mailto:[EMAIL PROTECTED]


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The Ten Commandments of Termination
Copyright (c) 2008 Lois P. Frankel, Ph.D.
Corporate Coaching
http://www.corporatecoachingintl.com



Tired of hearing managers and supervisors complain that their HR
department will never let them fire anyone? Having spent nearly
three decades working in the employment field, ten of those
inside a Fortune 10 corporation, I know that’s simply not true.
What is true is that HR wants to be able to show that managers
have taken the appropriate steps to coach and provide corrective
action before firing anyone. In other words, limiting unwarranted
liability resultant from a termination is critical. Follow these
ten commandments of termination to fairly, lawfully, and in good
conscience release underperformers:

1. Thou shalt coach before firing. Except where there has been an
egregious infraction of company policy (theft, firearms in the
workplace, or threat to the safety of others) when termination is
immediate, you should spend time helping the employee to
understand where his or her performance is lacking and what steps
can be taken to bring it up to company expectations. This ensures
the employee won’t be surprised if a termination ultimately
ensues.

2. Thou shalt document everything. Performance reviews, e-mails
related to coaching sessions or agreed upon goals, written
warnings, and even your own notes may be needed to support the
decision to terminate. Should a lawsuit result, documentation
will also help to protect you and the company. Just remember,
even if the notes are not in the employee’s personnel file they
are still discoverable in court so keep them factual and
objective.

3. Thou shalt not “lay-off” poor performers. In some situations,
if you lay-off an employee there is the reasonable expectation
that he or she is eligible for re-hire. When terminating for
cause, call it what it is. If you’ve done due diligence around
coaching and progressive discipline it shouldn’t come as a
surprise.

4. Thou shalt follow company precedent and termination policies.
Companies have been found liable for wrongful termination where
they failed to follow their own policies around discipline and
discharge. To protect yourself and your company from unwarranted
liability be sure you are treating this person the same as you
have treated others who were similarly situated. If you’re not
sure, consult with your corporate or outside labor counsel.

5. Thou shalt not fire in anger. It’s better to send the employee
home with pay and let him or her know you will be investigating
the situation than to fire on the spot. This gives you time to
review past policy, precedent, and gather facts.

6. Thou shalt not fire on Friday. When an employee is fired on a
Friday this leaves the entire week-end for him or her to stew
over the situation and plan revenge - legally or with more
aggression. Firing on a week-day enables you to direct his or her
energies toward beginning an immediate job search.

7. Thou shalt allow the employee to leave with dignity.
Terminations should be done in private, in a neutral location
(not your office or the employee’s office), and be witnessed by
one other member of the management team. Arrange for the employee
to clear out his or desk before or after hours with a member of
management present. If it is financially feasible, the employee
should be provided with a separation compensation package that
takes into account his or her years of service with the company.

8. Thou shalt provide the employee with resources. The sooner the
terminated employee finds a job the better it is for the company.
If possible provide outplacement services, a career counselor or
help with resume preparation and job search.

9. Thou shalt not provide a written letter of reference. These
often become smoking guns in lawsuits (“if I was so bad, why did
he say these nice things about me?”). Instead, assure the
terminated employee that you will provide a neutral reference
that includes his or her job title and dates of service. Make
this a company policy so that everyone who leaves the company -
on any terms - is given the exact same kind of neutral reference.

10. Announce thy decision. Rather than let the rumor mill run
rampant let the people impacted by the termination know that Joe
or Jane is no longer with the company. Tell them you are not at
liberty to discuss the facts, but that this person was treated
fairly, his or her departure was not a surprise, and that anyone
who leaves the company will also be treated fairly and with
respect. This puts the rumors to rest without bad-mouthing the
terminated employee. (749)






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