What Do I Need to Know When Terminating an Employee?
by Debbie Cusack, KWA Partners Inc.

As a small to mid size business owner, what do I need to think about before I terminate the employment of an employee?

Letting someone go is never an easy thing to do. You may really not want to lose them, or you could be looking forward to having the person away from your workplace. Regardless of the reason for the termination, there are some things that you need to think about to ensure that you are taking a humane and organized approach to a difficult situation. As you will see, both of you will benefit.

First check out your obligations. You may have obligations under the Employment Standards Act in areas such as providing a notice period or written reason of termination to the employee. You can consult a employment legal representative, or call the Employment Standards Branch to inquire about this. If you are required to give a notice period, you will have to decide if the employee will work during the notice period, or leave on the day of the termination interview with a payinlieu of notice payment. Usual practice is for the employee to leave on the day of termination which allows emotions to settle and all parties to move on to their new situation quicker. This decision is usually based on how disruptive this person could be if they remained at work during the notice period.

Employers may offer severence compensation , and/or career transition counseling, to the employee in addition to the government requirements. It is always best to check with an employment lawyer as to what a fair package would be based on the person’s years of service, age, rehirability, etc.

In any type of termination interview it is important that the employee be able to leave with their dignity. If they can walk out of your business with this intact, they are less likely to walk into the office of a law firm or Human Rights office or speak negatively about your business to fellow employees or potential customers.

Logistics becomes an important factor when choosing an area which allows discretion, better control of the meeting’s length and the ability for the employee to leave your premises with the least amount of attention.

Where? Termination discussions, when at all possible, should be held face to face in a private neutral location in the workplace, or offsite. However, this will be dependent on the physical layout of your business, proximity to other employees or customers, shiftwork, and other factors.

When? Conduct the termination as soon as possible once you’ve made the decision and you’ve completed any necessary paperwork. We strongly suggest that early in the day, early in the week is best because it allows the employer the time and opportunity to manage the fallout from the dismissal with staff, customers, or any others.

Maintaining Dignity for the employee and professionalism for yourself will result from the handling of:

• How and when to leave the premises. This is a delicate issue and has potential to be explosive if not carefully planned and handled. It should be contemplated when planning the meeting with regards to time of day and location of the dismissal interview. Depending on the location of the employee’s work area, you have the choice of allowing them to retrieve their personal items after your conversation, or ask them to call you to set up a time after hours to do this. Either way, be sure that the employee is accompanied with someone (that will treat the situation with respect and tact). This is for the ex-employee’s protection as well as yours. We are strongly against an employee being “escorted” off the property. This should be done in positions where only extreme security issues are of a concern.
• Effective communication during the interview will be accomplished by:
  • Being clear on your objectives. The discussion shouldn’t be longer than 10 minutes. Give a clear reason. Don’t beat around the bush. Explain the reason for the meeting and why the termination is happening as briefly as possible. Don’t engage in a lengthy discussion or rehash the past.
  • Demonstrating empathy and concern – Be genuine by anticipating reactions and handling them respectfully: Silence/Shock – Draw the person out, be sure they understand what is happening
    Anger – Listen and be calm; if the person is uncontrollable, have them leave immediately
    Grief – “be with” the person
    Flight – if they get up to leave during discussion, try to continue. But don’t physically detain them.
    Acceptance – Reinforce the positive reaction
    Confusion – Ask questions, explain
  • Remaining in control of your feelings.
  • Finish the meeting on a positive note, thanking the person for their contribution.

Your Checklist for the Termination Interview

• Paperwork is ready. Be able to summarize contents without reading the letter or offering comment.
• You have rehearsed your reason and response to the reaction you may receive
• Who will be in the termination interview?
• Who will be with the employee when retrieving belongings?
• Logistics have been finalized for location and timing of the termination interview.
• Logistics have been finalized for how the employee will leave the building/retrieve belongings.
• Logistics & communication plan regarding termination to other staff members, customers
• Make arrangements to get back any company property – keys, credit cards, security codes, computer passwords
• Make available taxi slip, or alternate transportation, should the employee be unable to drive home
• You have determined if you are able to give a reference, and what type.
• Tell the person how you will be communicating the termination to their coworkers

If you are interested in finding out more about Debbie Cusack and how she can help your company, please check out her website.

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