Ask ISM's Risk Manager

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Source Newsletter for Business and Operations Header Image

Business and Operations//

January 14, 2015

Q: We need to terminate an employee. Understandably, this is a common element of running a school, but I feel as though our past practices haven’t been very HR friendly. What do you recommend as the best way—the "HRiest" way—of letting an employee go?

A: If the termination is due to reasons of misconduct or other issues of “safety to others”—and if you’ve gone through “due process” to establish the facts—then termination is fairly straightforward. Have a face-to face session with a witness present, be clear as to reasons for the decision, use facts, don’t waiver, and remember to document everything. Naturally, you want to call your attorney first and determine whether a call to a local authority is also required.

On the other hand, if you’re looking to terminate for reasons of performance, attitude, or similar problems more difficult to define, then a longer process is in order and extra care must be taken.

You’ll want to have documentation showing:

  • that the employee knew what constituted acceptable professional conduct (i.e., a clear job description and employee handbook);
  • that you had periodic reviews pointing out any “gaps” in performance;
  • that you offered support to help improve the individual's performance; and
  • that you made clear what the consequences would be if the gaps were not closed.

If improvement has not occurred after these steps, I’d suggest at least two verbal warnings and one written. If termination seems the only option, it should be done during a face-to-face, scripted meeting—possibly with a witness—where the reasons for termination are clearly laid out. Again, document!

Finally, call your EP attorney before terminating your employee.

Have your questions answered! Send your issue to ISM's Risk Management Expert.

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