Managing Terminations

This article is from the August 2024 issue.

Terminating an employee is never easy. Even when a worker isn’t performing as desired, no one enjoys saying, “You’re fired.” For that matter, no one wants to be on the receiving end in hearing those words either. We all know, however, that there are times when termination is necessary. Although an employer is not required to give a reason for terminating an employee, it is usually best to terminate someone based on specific behaviors, such as poor attendance, persistent negative performance issues, or a violation of policies. 

In the United States, all states (except Montana) allow “at-will” employment, which means that an employer can fire an employee at any time for any reason, as long as it’s not illegal. Although an employer is not required to give a reason for terminating an employee, there are still some rules to which employers must adhere. Wrongful termination happens when an employer fires an employee for an illegal reason. Examples of wrongful termination include firing someone:

  • Due to discrimination;
  • In violation of a federal or state labor law (i.e., FMLA, ADA, etc. [see resources below]);
  • Because they reported and refused to participate in harassment; or
  • Because they reported and refused to conduct an illegal act or safety violation.

Before initiating any termination process, employers should have policies and procedures in place for guidance purposes. Without them, employers are forced to operate on a case-by-case basis ─ setting themselves up to face possible lawsuits, including claims of wrongful termination. Incidentally, termination could also be considered wrongful if an employer fires someone without following the employer’s own termination policies.

When it comes to terminations, employers may also want to consider allowing employees to resign rather than firing them. In this brief article, the author addresses the question of whether there are instances where allowing an employee designated for termination to resign is preferable. The article states that, “If the termination is not due to gross misconduct or a major policy violation, offering the option to resign can be a respectful alternative.” The article offers pros and cons of following this procedure. 

Deciding to fire an employee takes some thought. This article states that, “Planning an employee termination requires balancing a host of legal, practical, and emotional considerations.” The article suggests that prudent employers consider a variety of factors before, during and after firing an employee. Some things to consider include the following questions:

  • Is there a valid reason to terminate this employee?
  • Is notice or “progressive discipline” required?
  • Does an employment contract or collective bargaining agreement exist that mandates specific actions?
  • Is severance required?
  • Do federal and/or state labor laws need to be considered?

Even when your library/organization does everything they believe to be right, you can still be sued. However, when employers manage employee separations in a fair, respectful, and legally sound manner, they reduce the possibility of lawsuits. They also help to ensure that the situation has a minimal impact on the morale of remaining employees. Remember that how you treat the employees you let go impacts the employees you want to keep. In any case, employers should consult with their legal counsel when necessary.

Whether lawsuits are involved or not, usually, there are two sides to every termination situation ─the employers’ and the employees’. As difficult as termination conversations may be for employers, consider how much harder they can be for employees on the receiving end of these discussions. Getting fired from a job can be emotionally devastating. Because our jobs affect everything from our personal identities to our day-to-day friendships, a sudden end to employment can lead us to question our core sense of self, and maybe even our purpose or reason for being. It can be stressful and result in mental health concerns or crises. 

In some instances, we may see signs that a termination is coming. However, there are also times when an employee might be taken by surprise when these situations arise. This article provides a quick and simple guide for employees to follow if fired. Even though employers can terminate you without a reason, employees do have rights. This next article discusses employee’s rights after termination. In addition, if you suspect you were wrongfully terminated, you may want to pursue legal action. The government offers guidance and steps that you can take to address these situations. You may also consider consulting an employment attorney. Your lawyer can advise you on what to do if you get fired for unjust reasons.

As you take the steps listed in the resources mentioned, those fired are encouraged not to take the experience as a sign that you’re uniquely unemployable or incompetent, even if you might feel that way at the moment. Seek support from nonjudgemental family members, friends, and/or professional associates. Also, consider working with career counselors and a therapist if necessary. Self-care will be critical at this time. 

Terminations are never easy for any of the participants involved. If we can treat each other respectfully and professionally during these uncomfortable and difficult situations, it may be possible to walk away with each person having their dignity intact and keeping their sense of self-worth.

RESOURCES

 

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