FEDA News & Views

FEDASepOct2016

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32 FEDA News & Views E ven a termination based on the most clear-cut decisions is diffi cult for the employee and for you. You will want to handle it fi rmly, calmly and humanely. Here are a few do's and don'ts that will help you achieve these goals. Don't publicly humiliate the employee. Always allow fi red employees to leave with dignity. Do this because it is the right way to treat people and because employees who have been fi red tend to press charges if they feel they were embarrassed, persecuted or otherwise treated unfairly during the termina- tion process. Don't apologize. You may feel sorry for the employee, especially when you see his reaction to your bad news. Nevertheless, you should not apologize because you have not done anything wrong and you certainly don't want to create the impression that you have. Don't lie about the reason for termination. Always tell the truth about why you are fi r- ing an employee the fi rst time you say it. If the termination is for performance reasons, don't try to soften the blow by creating a less personal or criti- cal reason for the fi ring. You do not want to explain to a jury why you told the employee one thing and are now asking them to believe that something else was the "real reason." Don't argue. Employees sometimes try to provoke the person terminat- ing them. Don't get embroiled in argu- ments over the decision or what "really happened" in a particular situation. Arguing will increase the likelihood your company will land in court. Don't take sides. Never indicate that you disagree with the decision to terminate by saying things like "I don't agree with the decision . . . but the powers-that-be want you gone." Or, "I tried to stop them from doing this to you." Don't discriminate. Even if your reasons for termination are well documented, don't say anything that smacks of discrimination, such as, "We know that a lot of people your age have diffi culty with computers." Or, "People like you often have a tough time fi tting in." By Laurie Janik, Past General Counsel National Association of Realtors® When it's Time to Let Go A list of do's and don'ts for the employer on termination day Terminating an employee is not easy for anyone involved and brings with it the potential costs of defending a lawsuit or an expensive settlement. …Yet sometimes the right business decision is to let someone go.

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