Articles

TIPS FOR TACTFUL TERMINATION

Firm advises training the "terminators"

Marshall H. Tanick
(email)
Mansfield, Tanick & Cohen, P.A.
1700 U. S. Bank Plaza South
Minneapolis, MN 55402
Tel: 612.339.4295
FAX: 612.339.3161

Next to finding and keeping quality workers, workplace discrimination charges are a top concern for companies today. However, many human resources departments and hiring managers have insufficient legal knowledge and an inadequate termination process. Such practice can lead to wrongful discharge or discrimination lawsuits.

"Most managers are not trained to hire or terminate," said James E. Challenger, attorney and president of Challenger, Gray & Christmas Inc. "It is of the utmost importance that company officials charged with termination responsibility be trained to assure that the discharged individual is treated with dignity every step of the way."

In an effort to help HR departments and hiring managers save their company from serious hassles, the Illinois-based outplacement firm has devised this twelve-step guide to termination. Human Resources can distribute the guide to all managers to be used as a checklist in the termination process. Or it can be adapted for use by owners and top managers at a small company.

1. Do your homework in advance. Know exactly why you are terminating the individual and have your facts straight. Mentally rehearse what you are going to say.

2. The most common types of lawsuits resulting from termination are wrongful discharge and age discrimination, followed by sex discrimination and race discrimination. To avoid litigation, HR, in combination with the legal department or an outside employment lawyer, should review each termination situation in advance.

3. Be brief. The termination meeting should be no more than 10 minutes in duration. Keep to the facts. Most people aren't surprised by the news. Prolonging the meeting can give the erroneous impression that the subject is open for discussion. A fast meeting is not unfair to the individual, a longer meeting provides no benefit.

4. When offering outplacement - professional services or counseling to help the terminated employee find a new job - never terminate on a Friday. Terminating early in the week gives the outplacement consultant time to help the individual deal with any emotional issues resulting from the termination. A Friday termination postpones healing for two days. When individuals are terminated early in the week, they can immediately commence their job search and focus on positive activities.

5. Conduct the termination in your own office. If impossible, find some other private place for the meeting, but it shouldn't be a glass-enclosed office or conference room. Privacy is absolutely necessary to prevent someone from walking in on the meeting.

6. Be prepared to allow the person to collect his or her personal items after hours or on the weekend to save face. Bear in mind, being terminated is quite humbling and embarrassing. Always treat the individual with dignity.

7. Avoid remarks like, "I know how you are feeling." You probably don't. Be firm but fair. And if the person cries, let it happen no matter how uncomfortable you may feel.

8. Once people understand they've been terminated, their minds often wander to personal issues and they don't hear what you are saying. It's a good idea to give them a memo that shows:

   • the effective date of termination
   • the length of salary and benefits continuation
   • how and when they are to be paid
   • information about COBRA
   • information about outplacement

9. Remember to change computer passwords and collect keys, ID cards, building passes and company credit cards. Many companies allow the terminated individual continued use of items beneficial to the job search - company car or telephone calling card - for a certain time period.

10. Be extra careful about the privacy connected with the preparation of the individual's final paycheck. (Challenger, Gary & Christmas is aware of one instance where a payroll clerk innocently told a soon-to-be-terminated individual how sorry she was to learn the person was leaving.)

11. Be prepared to discuss the matter with members of the terminated person's department at the most appropriate time following the termination, upholding the individual's dignity.

12. If the terminated individual will receive outplacement services, have the counselor on site to meet with the person immediately following the termination meeting. This softens the separation experience, minimizes litigation exposure and results in a smoother transition into the individual's job-search campaign.

This article originally appeared in Employment Weekly.

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