Proper Termination Procedures for Employers
There are several principles that should govern the way you terminate an employee from your company:
1. Consult with an attorney about whether termination a specific employees creates a significant risk of a lawsuit. Just because you think that the termination is lawful, doesn't meant hat the employee will not try to make it look like the termination was discriminatory or retaliatory due to the circumstances that surround his termination. Your attorney should be able to advise you on how risky it would be for you to terminate a particular employee.
2. Terminate in person. Many conflicts and claims occur simply because the employee feels that he has been disrespected by the employer during the termination process. For instance, terminating an employee by text message is not a good idea, especially if it's a long time employee that spend several years or longer working for your company. Terminate in person or at least on the phone is a much better way to terminate.
3. Have a witness at the terminating meeting. Having a third person, such as your hr manager, a secretary or any other worker as a witness at the terminating meeting will help ensure that the terminated employee cannot later prove that you have said or done something inappropriate or illegal during the terminating meeting itself.
4. Do not disrespect your employee during the termination meeting. The law doesn't require you to provide reasons for termination. However, it's still a good practice to provide an honest reason for termination. However, if the reason for termination is performance, you don't need to go overboard and harshly criticize your employee. It's sufficient to simply tell him that he is terminated due to insufficient performance. You don't need to tell him that he is a horrible worker, or that he is the worst employee you ever had, etc... Again, this type of aggressive approach will only anger your employee and will encourage him to fire back at you by filing some type of claim. Be nice and civil to your employee. Terminating meetings are not easy on anyone, and especially on the worker who is told that he no longer has a job. There is no reason for you to make it harder, even if you had a nasty conflict with that employee and you fee the desire to punish him. Rise above these emotions and be professional. If the employee verbally attacks you during the termination meeting, do not feel the need to attack him back or engage in some kind of verbal altercation.
5. Pay all wages due immediately upon termination. Ideally, you should be handing the final check to your employee during the terminating meeting, as per labor code, except for any commission that he might be due but which will only fully accrue at a later date.
1. Consult with an attorney about whether termination a specific employees creates a significant risk of a lawsuit. Just because you think that the termination is lawful, doesn't meant hat the employee will not try to make it look like the termination was discriminatory or retaliatory due to the circumstances that surround his termination. Your attorney should be able to advise you on how risky it would be for you to terminate a particular employee.
2. Terminate in person. Many conflicts and claims occur simply because the employee feels that he has been disrespected by the employer during the termination process. For instance, terminating an employee by text message is not a good idea, especially if it's a long time employee that spend several years or longer working for your company. Terminate in person or at least on the phone is a much better way to terminate.
3. Have a witness at the terminating meeting. Having a third person, such as your hr manager, a secretary or any other worker as a witness at the terminating meeting will help ensure that the terminated employee cannot later prove that you have said or done something inappropriate or illegal during the terminating meeting itself.
4. Do not disrespect your employee during the termination meeting. The law doesn't require you to provide reasons for termination. However, it's still a good practice to provide an honest reason for termination. However, if the reason for termination is performance, you don't need to go overboard and harshly criticize your employee. It's sufficient to simply tell him that he is terminated due to insufficient performance. You don't need to tell him that he is a horrible worker, or that he is the worst employee you ever had, etc... Again, this type of aggressive approach will only anger your employee and will encourage him to fire back at you by filing some type of claim. Be nice and civil to your employee. Terminating meetings are not easy on anyone, and especially on the worker who is told that he no longer has a job. There is no reason for you to make it harder, even if you had a nasty conflict with that employee and you fee the desire to punish him. Rise above these emotions and be professional. If the employee verbally attacks you during the termination meeting, do not feel the need to attack him back or engage in some kind of verbal altercation.
5. Pay all wages due immediately upon termination. Ideally, you should be handing the final check to your employee during the terminating meeting, as per labor code, except for any commission that he might be due but which will only fully accrue at a later date.