Whether it’s because they fail to meet your expectations…or the position has been eliminated, or due to an internal conflict, firing an employee is never pleasant and it can potentially turn your business upside down. To make matters worse…when all things are considered, it is extremely costly! It’s true that most states follow some form of the "at will" doctrine, but you should be aware of the exceptions and variations that exist with regard to this. If ever in doubt, checking with an employment attorney is always in your best interests and generally speaking, before making the decision to dismiss them from your employ, here are some helpful guideless to keep in mind:

• Think things through. Is this a last resort? Is there a chance you could potentially improve this employee’s performance before letting him/her go?
• Be sure you follow company policy re: your disciplinary process, written reviews, etc.
• Be sure you have adequate documentation concerning their poor work performance (including specific verbal warnings).
• Is your decision a valid one? Be sure you have “non-discriminatory legal reason” to fire.

• Please email lynn@soshms.com for a list of questions you can and cannot ask during an interview.

If it is apparent that dismissing your employee is the best option, take note of these practical suggestions to help with the actual face-to-face encounter in an appropriate manner…

• Be brief – terminate in the first 7-10 minutes.
• Don’t chit-chat – be direct – Don’t postpone the inevitable.
• Be prepared for emotional outbreaks (anger, crying, etc.)
• Listen…But do not become defensive or argumentative.
• Stay focused and repeat the main message…Don’t allow yourself to be distracted by their offer to change or make things better.
• Don’t attempt humor – While you might want to soften the blow, it’s not funny to them.
• Don’t blame the employee – What’s done is done…his/her “lousy job” is not the focus anymore
• Don’t say you understand – Sympathize but don’t empathize – you don’t really know what they are feeling.
• Don’t offer to help – It contradicts your actions.
• Don’t agree to “think about it” – Make a clean break.
• Make no reference to age, sex or race, even casually.

After the actual dismissal takes place, it’s important to take care of a few additional details:

• Informing co-workers. Don’t pretend it didn’t happen. Instead say something like “despite repeated warnings …” to give them reassurance that they won’t be next; followed by “out of respect for employee’s privacy…” explaining the reason for not revealing details. It is also strongly recommended to avoid disparaging words about the employee. Not only are they non-professional but also deterrent to employee morale.
• Dealing with reference calls from future potential employers. Keep the call short. “She did work here; she no longer works here.” Stick to dates & salary confirmation; beware of any potential for liability involving defamation of character.

Finally, here’s a checklist of “things to do”:

• Collect keys, any office properties, office handbooks, employee manuals, computer disks, etc.
• Change any internal passwords assigned to this employee to prevent any outside access to office technology.
• Pay employee any accumulated wages and benefits due them and complete any necessary forms (vacation, sick days, bonus, etc.)
• Conduct exit interview for purposes of learning, awareness and improvement on the part of the Practice.

Ms. Homisak, President of SOS Healthcare Management Solutions, has a Certificate in Human Resource Studies from Cornell University School of Industry and Labor Relations. She is the 2010 recipient of Podiatry Management’s Lifetime Achievement Award and recently inducted into the PM Hall of Fame. Lynn is also an Editorial Advisor for Podiatry Management Magazine and recognized nationwide as a speaker, writer and expert in staff and human resource management.