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September/October 2016 33 ALL ORIGINAL PARTS ARE CREATED EQUAL D e c l a ra t i o n o f M a n u fa c t � re r I n d e p e n d e n c e we h o l d t h e s e t � � t h s to b e s e l f e vi d e n t . . . A REVOLUTIONARY WAY TO BUY PARTS WATCH THE ORIGINAL PARTS STORY NOW AT ORIGINALPARTS.COM/SNEAKPEEK O u r pa r � s p ro vi d e : 1. GUARANTEED PERFORMANCE 2. LONGER WARRANTY 3. BETTER VALUE (LOWER COST) 4. HASSLE FREE RETURNS 5. EASY-TO-FIND PARTS CAN'T FIND THE PART YOU NEED? CALL 866-928-0189 AND WE'LL FIND IT FOR YOU. Do explain your decision. Do this because the employee is entitled to know the reason for the termination, and because knowing why will decrease the likelihood that the employee will draw the conclusion that it is because he or she is older, or Hispanic, or female or Jewish. The reason should not be a surprise to the employee, unless the termination is due to an unannounced reduction in force. Do stand fi rm. Employees may ask you to reconsider the decision to terminate. In such instances, stand by your decision fi rmly because you know that this deci- sion was made after serious thought and adequate warnings. Appear calm and compassionate but fi rm, and be honest but guarded. Do count on your words being used against you in court. Terminating an employee can be uncomfortable and, as a result, you may say things you don't mean. Discriminatory, threatening, or disparaging remarks may very well cost your company dearly. Do take notes. Take brief notes during the meeting and write up more detailed notes afterwards. Your fi ring meeting notes should cover the following: 1. What the employee was told 2. What the employee said 3. Whether the employee agreed with you about his or her poor perfor- mance (if the termination is perfor- mance-related) 4. Whether the employee disputed the reason you provided for the termi- nation (a clue you may be hearing from his or her lawyer) 5. The names of all individuals present, and, if possible, the signatures of any other association employees pres- ent indicating agreement with your summary of the meeting. Terminating an employee is not easy for anyone involved and brings with it the potential costs of defending a law- suit or an expensive settlement. No one likes to be the cause of someone else's grief, yet sometimes the right business decision is to let someone go. When that's the case, make sure that your deci- sion is based on lawful reasons and your plan is well thought out. Add to that a good measure of compassion that pre- serves the employee's dignity. This is the right way to do a tough thing. The information contained in this article should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the fed- eral law. Copyright National Association of Realtors® About the Author Laurie Janik was the general coun- sel for the National Association of Realtors® from 1987 to November 2013.