The working relationship between an employer and employee is as old as time itself. Despite the dynamics of this relationship evolving to match the times, the idea remains the same. The worker is hired by the employer, and then the requisite job duties are performed. Sometimes, this relationship may sour, for a variety of reasons.
If the worst comes to worst, it might be time to, as the employer, let go of the hired employee. Even though the option of letting your worker go is at your discretion, there are still some rules to remember. If you don’t take them into consideration, you might experience some negative implications.
Here are the different steps on how to fire an employee legally:
1. Know the Exceptions
There is a certain amount of discretion an employer must have when firing a worker. Though the power to let go of an employee can be wielded in good faith, other areas should be avoided completely. For example, you cannot fire an employee on the grounds of discrimination.
Harassment, and other forms of discrimination, of any kind is a serious event. You cannot let go of someone in your business on the basis of race, skin colour, gender, or sexual orientation. Each area that the business is located in should have their own codes of conduct to follow. Review them if necessary when trying to let go of your worker legally, or consult with an employment lawyer for guidance.
2. Public Policy Violations
While discrimination cannot be grounds for dismissal, there is another critical area to not use as a basis of firing. If your employee has acted in good faith, and has legally performed their duties, they are in the right. As a result, you will not be able to retaliate against them from doing their job.
Employee rights are protected under law, no matter what location the workplace may be in. Since this is the case, you will have to find another means of terminating their role. For example, you cannot fire someone on the premise of just disagreeing with their conduct. They have specific rights to be in the workplace under the law.
3. Documenting Violation
With the exceptions out of the way, you should reacquaint yourself with the legal means of terminating a worker. In order to build a proper, and legal, case, you should start by documenting everything. Take a look at their performance, and note down any violations that are made.
Sometimes, these violations may escalate in their quantity. An employee may constantly show up late for work, with no viable excuse. Or, they may not be performing their duties as outlined by the contractual agreement. Once these violations add up, you have the grounds to terminate the arrangement.
4. Further Investigation
Making note of an employee’s violations while on the job is incredibly important. However, you should always take the time to review other areas of potential misconduct as well. These areas could bolster your legal case of being able to dismiss the employee in question. There are multiple ways in which you can conduct said investigation.
For instance, you could conduct interviews with other individuals in the workplace. Or, inspect or review other documents or statements that may lend credence to your intentions. If any correspondence appears suspect, or suspicious, you may bolster your claim for dismissal. Remember, stay within the confines of the law, in order to fire them properly.
5. Fulfilling Legal Requirements
Firing an employee is incredibly easy to do in execution. However, you’ll want to ensure that your bases are first covered in a legal context. One of the most important parts to cover is the employee’s pay. Ensure that they are given the proper compensation, as well as agree to any severance agreement.
Moreover, if you are unsure about the legality of the subject, check your employer handbook. This instruction manual should outline all policies related to employment practices, such as firing a worker. You’ll have to hold yourself accountable in every action taken; don’t overlook any particular section!
6. Be Brief And Professional
The final step of firing an employee has to do with the dismissal itself. Unless the working relationship is completely beyond repair, try your best to be brief with your rationale. Thank the worker for their services, and tell them about what compensations they are entitled to. Don’t extend the conversation, as this can come across as not genuine.
You’ll also want to keep things as professional as possible. Don’t mention personal things or interactions, unless they are kept short and to the point. You may be able to salvage the relationship, in the event that a reference is needed down the line. Firing an employee can be a difficult situation to undertake; always keep it professional for the most optimal outcome.
