Unfortunately, many small businesses don't contact an HR Consultant such as Elite HR Team until after they've gone through a difficult termination. At that point, they need a lawyer to help them with any litigation threats. The average settlement for wrongful termination is $500,000, along with an average of $85,000 in legal fees. Different discrimination claims have resulted in payouts of millions of dollars. The safest way to terminate an employee is to have documentation and discipline procedures in place before a problem arises. It starts with an employee handbook and job descriptions, which outline your expectations for employees and show the consequences if they aren't met.
Employee terminations are often a last resort, and most small business owners don’t like dealing with the process of discipline and termination. Unfortunately, if you’ve repeatedly warned an employee and their performance isn’t improving, termination is necessary. Replacing an employee can be costly, but not as costly as the lost time, poor effect on morale, and inefficiency of a bad worker.
We recommend that you spell out in your employee handbook the “zero-tolerance” policies—what actions could lead to immediate termination—and include a disclaimer that other situations may also qualify. If an employee endangers him- or herself or another employee, customer, or the facilities, the business’s reaction should be immediate and severe. You also need to understand if you are in an at-will state, and what that means. Basically, the terms of employment can be terminated at any time by either party for any or no reason—as long as it’s not for an illegal reason. So while you can terminate an employee at any time, you still may need to prove that they weren’t discriminated against.
If you haven't gathered yet, let us repeat it for you. Documentation is especially important when it comes to firing an employee. If you don’t have proper documentation, it may take longer to sever the relationship as you build up a record of incidents and warnings against that person. If you’ve made the decision to terminate someone, this can be a stressful and tension-filled time.
Elite HR Team wants to help you avoid terminations by building a strong, loyal, and happy workforce, but when termination is necessary, we can walk you through the best procedures to do so. Contact us now and get solutions before you have a problem!
This is the fourth installment in "Top Ten Outsourced HR Tasks." If you've missed any of the previous installments, you can catch up on our blog.