Termination conversations are tough, but here’s how companies may conduct them properly and lawfully.

The only thing more difficult for businesses than choosing to terminate an employee is actually giving the terrible news. Indeed, terminating an employee face-to-person is one of the most difficult and heartbreaking duties that managers confront. Surveys reveal that managers detest this portion of their employment more than any other – and for good reason: the manner an employee’s termination is handled is frequently a motivating factor in that person’s choice to sue a former employer. That is why the 15 minutes or so you spend terminating an employee may be the most crucial of the work relationship. Continue reading for advice on how to prepare for and conduct the termination meeting.

Where Should the Meeting Be Held?

Unless you are concerned that the employee would engage in violence, sabotage, or theft, you should have the meeting at a location where the employee will feel most comfortable. Select a discreet location that provides secrecy and allows the employee to digest the news away from prying eyes. If the employee has a private office, the termination meeting should take place there. The employee will feel at ease there, you will be able to depart after the meeting is over, and the employee will be able to gather his or her thoughts once you have gone. If the person works in a cubicle, shares an office, or otherwise does not have a private workplace, a conference room or similar private neutral area with a closed door and walls that go all the way to the ceiling is the next best thing.

Preparing for the Meeting

Examine the employee’s personnel file before the meeting, especially the documentation of the performance or behavior issues that led to the termination decision. You should also go through any efforts made by the organization to assist the employee improve, such as coaching or training. Take some additional time to get all the facts right, especially if you are not the employee’s day-to-day boss.

You should also be prepared to clarify what will happen next, such as when the employee will get their last payment, how benefits will be continued, whether severance will be paid, and so forth. To gather all of the specifics, you may need to meet with HR or talk with the company’s lawyer.

Begin the Meeting

Begin the meeting by notifying the employee that his or her job will be terminated on a certain date. It may seem harsh to go right in, but beginning with light chat, jokes, or niceties will only assure that the employee is caught off guard – and will most likely feel dumb – when the true purpose for the meeting becomes evident.

Break the news in a straightforward and concentrated manner so that the employee understands the decision is definite and not up to debate. This is not the time for euphemisms or unclear words (“things simply aren’t working out”) (“it may be time for you to consider moving on”). To minimize any risk of misinterpretation, using the terms “terminated” or “termination” is frequently the best way.

Explanation of the Decision

The next step is to explain briefly why you are terminating the employee. The greatest tone to use is one of objectivity and professionalism. If you’re too forthright, you risk coming off as cold-hearted. At the same time, being too compassionate may give the impression that you are apologizing or reversing your judgment.

Don’t feel obligated to defend your choice. Simply declare your reasons and move on. To do more risks inadvertently hurting the employee’s emotions or bringing the employee into a dispute. It’s pointless to attempt to convince the employee that dismissal was your only choice. Regardless of the circumstances, the employee is likely to disagree with your choice – or be dissatisfied with it. And focusing on the employee’s every blunder isn’t a smart approach to terminate a relationship.

At the same time, avoid downplaying the issues that led to your conclusion. Even if your intention is just to spare the employee’s emotions, these soothing comments may come back to haunt you if the person files a lawsuit and you are compelled to defend the firing decision.

Avoid being dragged into a debate over the choice. If an employee wants to vent or express dissatisfaction, just state, “I realize you feel that way, but the decision is definitive.” And, especially if you did not make the choice to terminate, fight the urge to withdraw yourself from the issue. Telling the employee that you would have handled things differently or that you disagree with the company’s decision would almost likely cause issues, both during and after the meeting.

Take care of the paperwork

Bring the employee’s final paycheck to the termination meeting if possible, and be prepared to explain what it includes (for example, whether it includes accrued vacation time or whether the company has decided to pay the employee until the end of the week or month, even if the employee isn’t expected to come in). The problem of vacation time, as well as the time constraints for giving a last check, is governed by state law

Explain what your company’s severance compensation will contain. If the employee is required to sign a release or waiver in order to get the severance, explain the contents quickly and provide a copy of the form for perusal. Don’t put any pressure on the employee to make a choice during the meeting.

If the employee has ongoing contractual commitments to the firm, such as a noncompete or nondisclosure agreement, go through those contracts with them quickly. Also, describe if and how the employee will be able to continue receiving benefits, including health insurance.

Tie up any loose ends.

The employee will most likely be bewildered and unhappy after learning of the termination. Prepare to assist the employee in moving ahead by answering questions such as:

“Do I stay for the remainder of the day or depart right away?”
“When will I be able to pick up my belongings?”
“Do my colleagues know what’s going on?”
“What should I tell my customers?”
“I have appointments for the remainder of the week; how should I handle them?”

You should provide a work plan for ongoing projects before the meeting. Will these tasks be delegated to a coworker? Is there anything you need the employee to do? Is the employee required to help with the transition?

Meeting Closure

Present contact information for yourself or someone else at the firm who can answer questions later, help the employee in gathering personal things and turning in corporate property, and be sure to provide any applicable documentation for benefits and outplacement before you leave the employee.

Finish the meeting on the most upbeat tone possible. Shake the employee’s hand and wish him or her luck. If you can honestly say anything great about the employee’s time at the firm, go ahead and say it. Assure the employee that the contact person you’ve supplied will be accessible to answer any questions and aid with the termination process.