Being direct does not mean needless dwelling on every aspect of an employee’s poor performance. The termination meeting should be a low-temperature affair. The news should be delivered in a concise and measured tone with an appreciation that many employees have tried their best and very few employees will not take the termination personally. If possible, the termination should be conducted behind closed doors with two representatives on behalf of the employer present, in case corroboration of the termination process is required in the future. Deliberations on the termination should be kept within a small circle, and details beyond the fact of the termination should only be provided on a need-to-know basis.
Careful planning, calm consideration, and involving an attorney in this process when necessary can make the difference between proper termination and wrongful termination, which can lead to a costly lawsuit and bad public appearances.
Steven M. Harris, Esq., is a nationally recognized healthcare attorney and a member of the law firm McDonald Hopkins, LLC. He may be reached at [email protected].
