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Hamilton Law Firm PC
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When You Fire. . .

If, after careful consideration, you decide that it is time for the company to separate from an employee, you must continue to use the same care you used in reaching that decision. Consider the following steps to guide your actions:

  • Make sure you have documented the reasons for termination and, if possible, have given the employee corrective action warnings and an opportunity to fix the problem;
  • Have the discussion regarding separation in private and in possible, have a third party present;
  • As the supervisor, take the lead on the discussion to deliver the bad news and own the decision rather than letting the HR representative handle it;
  • Regardless of the circumstances for termination, treat the employee with respect and courtesy;
  • If possible, present the employee with a severance package containing a release;
  • Advise the employee of his or her right to review the agreement with an attorney and allow them sufficient time to do so;
  • Make sure that the employee has all of the information they need about the termination of benefits;
  • Consider whether you want to oppose this employee's application for unemployment benefits carefully;
  • Terminate the employment as of that day rather than allowing for a transition period; and
  • Above all, be guided by the Golden Rule (treat others as you wish to be treated).
 

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