What to Consider before Firing a Problem Employee

When you are about to lose your patience on a problem employee, and the words -You're fired- are about to explode in your mouth, take a deep breath and count at least three of its consequences.

Saying, -You're fired- takes more than two words. It envelopes couple of legal consequences for you, the company, and the employee. It can risk your administrative role and the credibility of your management policies. More so, yelling in the office may not create a good leadership impression.


So, to help you control your anger and carefully think through your plan of firing the employee, here are three guidelines in ensuring a legal termination procedure:

1. Analyze what causes your anger. Is it because of the employee's mistake on a work instruction, or is it because she is reporting a flaw in the communication process in the organization. Focus on the issues that can be resolved, including how the employee can effectively adapt to workplace system and culture.

Though you have the administrative power to decide on an immediate dismissal of the employee, doing so may not be beneficial for the company. If you can re-channel your emotions on constructive solutions, you can build another chance for the employee and for your company.

2. Evaluate if you have legal reasons to fire the employee. Legal reasons include poor work performance, violation of federal and state laws, violation of company policies or committing a grave misconduct, and committing a breach in the terms and conditions of the employment contract.

If you have legal reasons for firing the employee, still you have to follow a grievance procedure. The employee is still entitled to undergo an internal legal process. You can exercise your administrative role in creating a fair grievance committee that will hear the case of the employee.

Through this, you can show that you have respected the rights of the employee for a fair hearing, investigation, and mediation.

3. Check if you have underlying discriminatory motive for firing the employee. Even if you have legal reasons for firing the employee, but he/she belongs to a protected class (pregnant, new mother, disabled, aged 40 years old and above, or belonging to an ethnic tribe); you might trigger a discrimination complaint from the angry employee. You may give a severance pay, and have the employee sign a release waiver.

If the fired worker files a lawsuit, consult an employment lawyer in Los Angeles to help you assert legal defenses. Your wrongful termination attorney in Los Angeles can help you go through the process of litigation.

About the author George Fuller used to be a campus journalist in a University and holds a degree in AB Mass Communication. He jumped-start his profession in web content writing and has written somekeyword and somekeyword articles to date.

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