HR Role in Employee Termination and Firing
No HR can escape the process of employee termination or firing. No matter how big, small or medium scale the business organization is, it is a part of a mandatory procedure that requires special attention. Letting go can never be easy. Moreover, the recent downturn in economy has accelerated the employee termination procedure, most probably because of certain financial and performance problems.
The Human Resource department plays an important role in making strategy and shaping the process. They have to keep in mind the expected potential damage the firing might bring to both the company and employee. They work hand in hand with the legal department to make sure that all actions taken go hand in hand with legal guidelines.
Employees are normally fired or terminated in extreme cases when there seems to scope for recovery. A few of them include low productivity, consistent poor performance, indiscipline, unethical behavior and discarding of company’s policy at work. These are a few of the genuine reasons. However, few organizations also entertain unethical and unacceptable terminations too. Few of the reasons include on the basis of sex, race, color, ethnicity, basis of medical disability, religious faith, pregnancy, age etc. which at no point can be framed within legal jargons.
Thing to keep in mind before considering termination
Here are a few things you being an HR personnel should keep in mind while moving on with the proper route to the termination process.
- Evaluate employee performance as per company’s policy and procedures
- Get to the core of the poor performance like is it because of certain medical disability and so on
- Can the reason be counted in discipline issue that normally leads to termination of employment?
- Is there a lot of act of indiscipline evidences?
- Make sure if he/her is given adequate time for performance management
- Did any point of time, the employee requested for time-off?
- How many times is the indiscipline caused is recorded in the employee file?
- How many times was the warning letter send?
- Check if the employee’s performance is below the expected bar
- Make sure if the employee has been previously notified about his/her poor performance
If you have a ‘no’ for an answer, do reconsider your decision of termination. In case the answer to this is ‘yes’, no matter how difficult the procedure to be, HR needs to act professional.
How to deal with termination or firing
Here are a few tips to help to handle such situations:
- Inform the employee that since he could not adhere to the expected performance, you are left with no alternative but to terminate him immediately.
- This is important. To be empathetic is okay, but do not get swayed by emotions.
- Be firm with your decision. Do not act indecisive if the employee promises to reform.
- State the procedures that will follow like paperwork and other legal issues.
The bottom line is as HR personnel, it is your responsibility to look after company’s strategy and work for its success. When someone fails to work things out as expected either because of poor performance or ill conduct, you will have to take the harsh route and terminate the employee. You are simply fulfilling your obligations and doing the right thing. Hence no hard feelings attached!
Termination Letter to Fire an Employee
Ref: Appointment letter dated ________
As per your performance review the management is quite disappointed by your input to the company and hence have decided to terminate you from the company.
As per Clause _______ of your appointment order that was dated _________, either party require to give two months notice during termination of services.
Hence accordingly, the management has issued this two months notice. Your service will be terminated from our company with effective from _________.
Please make a note of it.
Vice President (F),
Sample Termination Letter of employee Due to Misconduct.
This is in context to the inquiry held after issue of charge sheet dated (date) issued against you. The report sent by the inquiry officer has been has been thoroughly scrutinized where the charges leveled against you have been proven acceptable.
As per the serious nature of misconduct committed and proven guilty, the normal criterion is to dispense your service. But on rightful grounds of compassion and also at the same time considering the extenuating and aggravating circumstances the management has decided to go lenient on you this time. We have imposed lesser punishment of discharge on you with immediate effect from (date).
Your final payment of dues with be sent to your office on or before (date) during office hours after you hand over the charge. Your payment dues will include the 1 month wages in lieu of the notice period.
Manager/ Competent Authority
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I have Attached Sample Letter Of Termination For Lien in Employment
[City, ST ZIP Code]
August 2, 2010
[City, ST ZIP Code]
Dear [Recipient Name]:
This is to notify you that your employment with our company is terminated as of today. The reason for your termination is job abandonment.
You have not been at work for five days nor have you made any effort to offer a satisfactory explanation for your absence.
The enclosed check is for wages earned up to the date of your termination.
Mr/ Mrs. XXXX
Dear Mr / Mrs XXXX,
Please refer appointment letter dated —— for the fixed term appoint for the position of ——-in our organisation. It is due to work exigencies in our organisation we could not extend your services beyond the fixed term referred in your appoint letter dated above. Your services are coming to an end on—————–. Hence, you are advised to contract accounts department during working hours for your full and final settlement if any.
Please find this document, it may helpful for you . You can do the modifications according to your requirement.