5 Steps to a Fair Employee Termination

Employee termination is a tough but necessary task for any leader. If you’re facing a termination, handling the process correctly from start to finish is crucial. This requires:

• An understanding of the legal framework for employee termination
• A respectful and professional approach that considers both the company’s and the employee’s needs

This guide provides 5 steps to ensure a fair and effective employee termination that follows the law.

Before you terminate an employee, make sure everything is in order. The best-case scenario is if the termination conversation and the entire offboarding process run smoothly. This benefits both the employee and the company.

It’s a good idea to:

• Review the employment contract: What does it say about the notice period and other terms?
• Follow the rules: Are there collective agreements or specific legal requirements you need to consider?
• Consider alternatives: Could the employee be reassigned rather than terminated?

Ensure you’re well-versed in the law before proceeding with an employee termination. Specific regulations apply, such as notice periods for salaried employees, limitations on terminating an employee during sick leave, and stricter requirements when terminating a pregnant employee. Letting someone go is rarely easy and should always be the last resort.

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It’s important to ensure that you are making a legitimate termination, especially if the employee has been with the company for several years. Pay attention to:

• Specially protected employees: Is the employee pregnant, a union representative, or on sick leave? Be mindful of anti-discrimination and equal treatment laws
• Notice period: Make sure to comply with the applicable notice period

If you’re in a situation where a written termination is also required, ensure it is correctly worded. In other words, it should be written in clear language without room for misunderstanding or misinterpretation.

Your termination letter should include:

• The termination date and the employee’s last working day
• The reason for the termination
• Practical information about vacation and severance arrangements

A well-written employee termination notice should never be rushed. Take the necessary time to ensure it is clearly and properly worded

When it’s time for the actual termination conversation, it’s important that it’s conducted in a respectful and professional manner. The conversation may be difficult, but it’s necessary.

Keep the following in mind:

• Choose the right time and place: Make it private and free of distractions
• Bring a witness: For example, a HR or People & Culture employee
• Be clear in your communication and show empathy
• Expect a reaction: Some employees may be upset, others may be angry. Listen and give them space

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Once the termination is done, there are still a few important tasks. You can do several things to ensure a smooth offboarding process.

• Offer help, if possible: For instance, be available for references
• Use HR-ON Staff’s process tool to follow a streamlined offboarding plan
• Inform the team: Be honest but discreet about the reason for the termination
• Ensure a smooth handover: The employee’s tasks should be reassigned to others

By following these steps, you’ll be well-prepared to ensure a professional and fair employee termination – for both the company and the employee involved.