Employers must know what to say when firing someone. Terminating anyone is not an easy process. However, at the end of the day, you do want to make sure you have the right methods to do it correctly.

Strategies for Firing People

You could say this first thing that comes to mind when it comes to firing people:

"Joe, we made the decision that it is time to go ahead and let you go. As of today, your services will no longer be needed. We really do appreciate all the work that you have done here, and I hope we can stay on friendly terms. I do have some logistics that I need to cover with a few questions."

Try and get the news done definitively and quickly. Workers who are terminated often do not hear or believe anything pleasant; however, it is still important to be direct and respectful in delivery.

It’s important to end positively with phrases such as “I think your work here has been amazing, and we really appreciate everything,” or “It seems we’re parting on good terms,” etc. Turn the discussion to logistics, taking the pressure off the individual to reply.

Worker termination must be sensibly prearranged, with the heavy participation of the human resources department, if this help is around. However, the responsibility to terminate an employee is the job of the manager and not that of the human resources department.

Deliver the Logistics

When it comes to logistics, you need to know what corporation property you want returned (laptop and computer), have their last paycheck, and (typically) present a separation contract. The separation contract necessitates consideration to be legal (i.e. currency) nevertheless our attorneys typically only attach a nominal amount, such as $500, which suggests how little position they put on the separation contract. If you’re going to present severance pay, then you make that an obligation for signing the separation contract. The ultimate paycheck condition suggests that you need to start getting things together the day prior.

The following basic script is what you can use to transport the logistics:  “These are the logistics that you need to follow. Today will be your last day. We will give you your final paycheck; it will cover all your days [make sure you give it to them]. I likewise have a separation contract for you [give it to them]. If you authorize the separation contract, I will be able to give you compensation of $X. [display the envelope with the check in]. I’d appreciate if you could please review the contract. The separation contract terminates in X days [most of the time 5].”

“Likewise, could you please leave your computer and keycard at your writing table? There is no need to do any more work today. If you make the decision that you want to take anything home, that won’t be a problem. I will get the team together after this conference and let them know what needs to be done. Or, you can come back the tomorrow at 9 a.m., and we will get you some help. My sentiment is that you’re going away on good terms with everybody. This is still a working day for all of us; nonetheless, if you’d like to get in contact with individuals on the team when work is over, I think they’d like it. Are there any questions you want to ask?"

You’ve essentially worked through two logistical matters: (1) getting the separation contract signed and (2) getting everything out of an employee's desk. The cleaning of the desk is the more sensitive of the two matters, and the individual should be treated with respect in this issue.

Answers to the Questions: Why?

Ideally, you’ve beforehand tried to work through matters with the individual; therefore, termination shouldn’t be coming as a complete surprise. Provided the work you were doing before making the decision to fire, there’s no need to talk about the what was going on during the termination meeting.

The firing meeting is not a place to give positive criticism. The following is what you can say if you are asked why after they are fired: "I hope I can be of assistance if possible. Nevertheless, I do not think this is the right meeting to have this conversation. If you really think my feedback can be helpful and constructive, could we maybe sit down and come up with a time to have a lunch in the next month or two? Take some time to think it over and just let me know."

Answers to the Wuestions: All Other Questions

Afterwards, you may likely get an additional group of questions such as “Do you know if I’m qualified to get unemployment?” A key script for answering these types of questions you are not 100 percent sure of an accurate reply: " I am not sure. That’s a good question. I don’t know the definitive answer to that question. Would you like to speak to Human Resources? Here is their contact information, and you can get in contact with them."

Where to Hold the Meeting

You must have the conference in an environment where the worker will feel safe and relaxed. Select a place that is private. This guarantees secrecy and leaves the worker somewhere to process the news away from snooping eyes.

If the worker has an office that is private, that's most likely the best spot for the termination conference. The worker will be relaxed in this environment, and once the meeting has ended, you'll be able to leave immediately so the worker will be able to gather their thoughts after you have left the meeting. If the worker shares an office, cubicle, or otherwise, then it is best to try and find a place that is private. A comfortable place with a door that shuts and walls that reach to the ceiling is recommended.

Getting Ready for the Meeting

Prior to the meeting, look over the worker's personnel file, mainly the credentials of the operation or conduct difficulties that led to the firing decision on the employee. Make sure that you go over any steps the corporation has taken to help the worker recover, for example, training or coaching, particularly if you are not the employee's day-to-day manager, you need to take some additional time to get all the facts together.

You will likewise want to be prepared to clarify what will take place moving forward -- for instance, when the worker will collect a final salary, how to resume reimbursements, whether the worker will receive compensation, and so on.

Starting the Meeting

Start the meeting by notifying the employee that you are dismissing his or her service as of a specific date. Opening with jokes or small talk will only guarantee that the worker might be caught off guard -- and will perhaps feel uneasy – as soon as the real reason for the conference becomes clear.

Be straight and engrossed, so the worker understands the choice is absolute and not up for compromise. This is no time for vague linguistics ("things are not going so well") or understatements ("it could be time for you to consider finding other employment"). Using the words " termination " or " terminated " is often the best method, to dodge any possibility of confusion.

Explaining the Decision

Make sure that you use a tone that is professional and objective. Try not to be too direct; you are risking appearing to be coldhearted; however, being too sympathetic could make it appear like you are making an apology or back-pedaling from the choice.

You don't need to feel like you must defend your choice. Just announce the reasons and leave it alone. To have to explain additionally will run the risk of hurting the worker's feelings needlessly, or drawing the worker into a quarrel.There's no point in trying to prove to the worker that firing was your only choice.

Make certain you don't diminish the difficulties that led to your choice. Even if your intention is just to spare the worker's feelings, these calming words might come all the way back to haunt you if the worker decides to file a claim and you are required to defend the choice to terminate.

Attempt to evade being pulled into a quarrel about the choice.

If the worker desires to vent or articulate sadness, you can just mention, "I really get how you are feeling and why you feel this way; nevertheless, the choice is final." Mostly, if you did not make the termination choice, fight any enticement to dissociate yourself from the circumstances.

Handle the Paperwork

If possible, bring the worker's last pay with you to the termination conference, and be ready to elucidate what it consists of (for instance, whether it consist of accumulated holiday time or whether the business has made the decision to pay the worker until the last day of the month or week).

State law oversees the holiday time issue, in addition to the time limits for providing a final check. If your business will present a severance package, clarify what it consists of.

If the worker is projected to sign a release or waiver to get the compensation, briefly explain the terms and give the member of staff a copy of the text to look over. Do not put any pressure on the worker into deciding at the meeting.

If the employee has contractual obligations with the corporation that will remain, for instance, a nondisclosure or noncompete arrangement, look over those documents with the worker.

Clarify whether and how the worker will be able to carry on with the benefits, mainly things like the health insurance.

Tie Up Loose Ends

After finding out about the firing, the employee will most likely feel disordered and distressed. Be ready to assist the worker in moving forward by answering questions such as:

  • "Do I stay and finish out the rest of the day or leave right now?"
  • "When am I able to gather the rest of my things?"
  • "Do you know if my coworkers know what is going on?"
  • What am I going to tell my customers?"
  • "I have activities arranged that last for the entire week; what should I do about all of them?"

Prior to the meeting, you should come up with a strategy for work that is in development.

If you need support with terminating an employee, you can post your legal need on UpCounsel’s marketplace. UpCounsel receives merely the top 5 percent of attorneys to its site. Lawyers on UpCounsel come from law schools all over the nation.