Whenever you terminate an employee, do it with respect. There may be a lot or a little, depending on the reason for the termination, but respect is a prerequisite. Keep in mind, you show respect by timing the termination well.
Most terminations are not “firings” – hopefully!
When the time comes that you simply have to let someone go – to reduce labor burden or to meet your small business organizational needs, no good comes from putting off the bad news. However, if the circumstances allow, it is smart to delay giving notice until a Monday or the day after a business holiday. Any delay does affect your payroll slightly, but you make up for that with the goodwill earned by making Fridays and holidays worry free.
Termination for “cause” is another matter.
No-harm Cause: People are terminated every day for reasons like tardiness and absenteeism. Such causes are considered light in terms of degree of seriousness. No-harm causes should also be held off until the next Monday. You can use the time to prepare the Exit Package thoroughly. Ready all the required forms for protection and compliance. If prepared well, the Exit Package will support you in the event the employee opens unemployment insurance or workers’ comp issues.
Current Harm Cause: Causes, like violence in the workplace, drunkenness on the job, theft, and so on allow no delay. They must be addressed immediately and peremptorily. However, such incidents also need to be managed. Charges of theft or sexual harassment, for example, require investigations that take time. Termination for such cause needs time to put the case and documents together with the termination documentation. In the event of the most in-your-face events, remove the employee from the worksite with pay until you have prepared your materials.
Although uncommon, some causes call for immediate removal of the employee perhaps with the aid of police. These include threats of violence, drunkenness, or wielding a weapon. Employees guilty of such actions cannot expect gentle treatment. But, removal from the premises permits you to prepare and organize the documents that will finalize the termination effective at the time of the removal. You are always free to terminate any employee by mail and after the fact if there is a threat in returning the employee to the workplace.
So, there is the need to act correctly and timely. Until you establish some policies with your attorney’s advice, you are at risk of acting rashly and, consequently, incorrectly. However, there is no reason – especially in an employment at-will environment – that you cannot act to fire when you want, so long as you are prudent enough to prepare the exit package completely and correctly.
For more on this subject, read our article, The Hows and Whys to Terminating Employees.
