Inquire Before You Fire

Below is a sampling of the kinds of questions you should ask before you make a final decision to fire an employee.

1. Does the firing violate discrimination laws or other federal, state or local statutes?
2. Is the reason for firing in line with company policies and procedures?
3. Have any assurances, written or oral, been given to the employee about length of employment or job security?
4. Has the reason for discharge happened in the past, and have other employees been handled in a similar manner?
5. How long has the employee worked for the company, and how does the reason for termination stack up against the employee’s overall performance record?
6. Has the reason for discharge been progressively documented in the employee’s performance reviews?
7. Has the employee been informed of substandard performance, violation of work rules, or other conduct that could lead to termination? Have warnings and disciplinary actions been adequately documented?
8. Has the employee had an opportunity to correct the problem behavior? Has the employee been told that failure to correct the problem behavior could result in termination?
9. Has the employee been given the opportunity to present his or her side of the story? Are there any extenuating circumstances that might explain substandard performance or misconduct and alter the decision to fire?
10. Is the employee about to receive financial benefits, like a pension, which will be lessened or eliminated if the employee is fired?

Source: A Kinder, Gentler (Legal) Way of Firing / Carol Orsag Madigan / Controller Magazine, June 1997

Like this content? Why not share it?