December 18, 2023, by HR Search & Rescue Terminating an employee is one of the most stressful aspects of operating a business. Employers are rightfully concerned about the reaction of the terminated employee, and many are also concerned about potential lawsuits. Human Resource (HR) managers mitigate stress and risk by assisting supervisors and managers throughout the termination process. With assistance from outsourced HR, termination proceedings can be a smooth process. Learn more about HR’s role in employee termination, starting with pre-termination communication. You will clearly see that HR provides valuable services before and throughout the termination proceedings. Outsourcing HR these and other services can not only provide expert professionalism, but can also alleviate concerns that may lead to lawsuits. Ensuring Managers Clearly Communicate With Employees An employee should never be surprised by their termination as that can lead to legal claims. Instead, department managers and their employees must have clear conversations about performance and goals, and receive coaching to help them meet expectations. If, after those measures, they are still unable to meet the benchmark, the employer has a basis for termination. Typically, HR supervisors facilitate these conversations between department managers and employees, counseling employees to ensure they fully understand the standard. Also, HR documents these communications and disciplinary actions, allowing the termination to be an expected next course of action when necessary. This documentation also protects companies should an employee file a lawsuit for wrongful termination. Evaluating Legal Obstacles HR managers review employee files before termination to check for possible legal issues that may arise. For instance, HR may discover that the employee previously filed a discrimination claim. Since this could lead to a lawsuit, HR should contact the legal team or outside counsel for additional guidance before termination and work directly with the legal counsel to determine the best path forward. Setting Up the Employee Termination Meeting Department managers typically hold termination meetings in their offices or conference rooms during normal business hours. However, HR managers must assess the situation to determine if the meeting’s location and timing should be amended. For instance, emotional employees can disrupt the office during termination. The HR manager may recommend holding the meeting when few people are in the office to limit the possibility of disruption. HR managers also assess the likelihood of violence during the termination meeting. If violence is possible, the manager should contact the security team and have them placed on standby during the meeting. Additionally, the HR manager may have security personnel escort the terminated employee out of the building for safety reasons. Again, the HR manager documents this and includes it in the employee file. Preparing Managers for Employee Termination With the threat of lawsuits always looming, managers must properly handle employee termination. HR supervisors and directors should guide managers for successfully conducting the termination meeting. This includes what language to use, topics to avoid, and the desired duration of the meeting. HR managers often roleplay with other department managers to ensure they fully grasp how to conduct themselves and direct the conversation during the meeting. With proper roleplay and preparation, managers are able to keep the meeting short and to the point while limiting their reactions. Attending the Termination Meeting Additionally, HR managers attend employee termination meetings to ensure the manager follows the protocol. Typically, managers should begin by briefly explaining why the employee is being terminated. Employees often make promises that they will do better if they can keep their jobs. With an HR manager in the meeting, the employer can remain firm when explaining the next step of the process with the employee. Filling Out Paperwork and Answering Questions The HR manager can bring the termination paperwork to the meeting or have the employee come to the HR office afterward to fill it out. At this time, the terminated employee may ask the HR manager questions related to the firing. HR managers have specialized training to protect the company when answering these questions. Preparing a Meeting Summary The HR manager prepares a written summary of the termination meeting to place in the employee’s file. This summary includes information regarding how the employee and all other parties behaved during the meeting. For instance, if the terminated party threatened the employer, the HR manager will include that in the documentation. The summary serves two purposes. First, employers can reference it if the employee files a wrongful termination lawsuit. Second, the documentation is helpful if the employer considers rehiring the employees in the future. Addressing Existing Employees Employee termination can be disruptive to the workplace; however, HR managers must communicate with existing employees about the changes and workplace expectations. HR managers cannot divulge particular information about terminated employees. This discussion should focus on defining expectations; this helps employees understand how their jobs may be affected and the expectations of their role. Clarifying this information directly can eliminate misinformation and reduce anxiety during the transition. Get Assistance With Employee Termination Employee termination creates unnecessary challenges when companies do not have qualified HR managers in place. If your business does not have an in-house HR team, or lacks the necessary experience, HR Search & Rescue can help. As a professional employer organization (PEO), we provide expert guidance during every step of employee termination. Contact HR Search & Rescue today to discover how outsourcing your HR team can help during employee termination and other operations of your business. With our assistance, you can protect your company during employee separation proceedings.
