I commonly receive calls from employers seeking to terminate an employee immediately, meaning that same day or the next day. Why? Some say that they just can’t take a particular employee situation anymore and they just want it over.
I am asked, “Can I do that?” My answer is, “It
depends.” Let’s consider the nature of the
problem.
Is it truly an immediate or urgent situation? Has something happened that particular day that dictates the employee shouldn’t be in your workforce (or on your premises)? If there was conduct of an extremely serious nature that could harm your business, then immediate action is most likely in order.
However, consider the more common scenarios = an employee is annoying and getting under their supervisor’s skin; or an employee has made a minor mistake; or the new team leader doesn’t think an employee is a good fit and wants to put in “their own people.” Do any of these situations truly warrant a termination that same day or the next day?
When told to think about the matter of termination and advised to review their documentation, employers will refer to “at-will” employment and their belief that no documentation is required. While it is true that documentation is not legally required in order to terminate in most situations, it is also true that for every rule there are exceptions when it comes to protecting your business.
For example, if an employer is proposing to terminate a pregnant employee on the spot because of one mistake, a more careful analysis of the situation is warranted. That termination could certainly be misinterpreted by an outside entity (including a state agency) as being related to the employee’s pregnancy, despite the good faith non-discriminatory reason of the employer. Was any other employee terminated on the spot for the same or similar mistake? It would be prudent to have some documentation.
Or, another common situation – Employee “A” is a long time employee and stellar performer under a prior supervisor, but a new supervisor wants him out ASAP after just a week of working with him. Take a breath. Cooler heads should prevail. Thorough consideration of the employee’s performance reviews and what he continues to bring to the table would be appropriate in lieu of a rash termination.
One might consider having the new supervisor engage in an initial meeting with those on the team. Informing employees of his expectations and any new procedures that will be implemented is only fair. Then, if the new supervisor finds that Employee “A” is still not meeting expectations or following the changed procedures, termination is certainly an option.
For all decision making relating to the employment status of your staff, think about the fact that these employees will be completely blindsided if there hasn’t been any discussion of expectations or even a simple conversation where a review of the job description takes place.
To avoid knee-jerk decisions, maintaining best practices is in order. More effective communication is a start. Have you told an employee that what they are doing is not meeting your expectations? If you’ve “mentioned” it verbally, did you follow up with a brief e-mail to ensure that the discussion was understood?
Business owners and managers are busy and they complain, with good reason, that they do not have the time to go through various steps of discipline. The good news is that there isn’t a requirement of particular steps. Progressive discipline, in a particular order of verbal warning, written warning, final warning, suspension, etc. is not required by any state or federal law for the small or mid-sized private business owner. (This type of progressive discipline, is usually set forth in union contracts).
Employers do not need to have elaborate page long documentation regarding every employee mistake or misstep. Any format will do. A few lines explaining the nature of your dissatisfaction is sufficient IF it is properly communicated to the employee. Communication is the key and it shouldn’t feel punitive to the recipient. You’ll have better results if the matter is briefly explained and offered as a way to assist and correct, rather than punish.
If you need some pointers, obtain professional advice. Wrongful discharge and discrimination complaints can be costly, so exercise caution when taking personnel actions.
Finally, getting back to “I need to terminate this employee tomorrow”, if that is indeed warranted, remember that Massachusetts’ law requires an employer to provide the employee with their last paycheck (including accrued unused vacation) on the date of termination. Also, issuing a properly worded termination letter is usually a good practice, as it provides the employer and the employee with documentation regarding the date of separation and other termination factors.