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Opinion Editorials

The complete guide to terminating an employee, remaining human, and protecting your company

(BUSINESS NEWS) Employee terminations are never a pleasant task, but they are a necessary one.

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It’s part of the job

Let’s face it: no one likes firing an employee, but we all know that it has to be done when the circumstances call for it. When that time comes, how do we do so effectively and in a way that preserves both the integrity and safety of the company with the dignity of the soon-to-be former employee?

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Make your case

Before you consider terminating an employee, study up. Make certain that you’re familiar with your employee handbook, your company policies, and applicable employment laws. This isn’t an act that you should do alone if you can avoid doing so. Reviewing your firm’s employment policies and their interaction with federal, state, and local laws with a qualified employment lawyer and/or your human resources staff can save you much time and heartache down the road.

While D.L. Roth may have once said, “You know you’ve made it when you can spell subpoena without thinking about it,” protracted battles with ex-employees can be expensive and time-consuming. This is true even of at-will employees in right-to-work states, such as Texas. An at-will employee is one whose employment can be ended for any reason, or no reason, as long as it is not an illegal reason.

Age discrimination? Yep, illegal reason. Gender discrimination? Same story, unless gender is a Bona-Fide Occupational Qualification (BFOQ). Terminated for absenteeism during a USERRA or FMLA leave? Probably, but many shades of grey exist there. Even the prima facie appearance of a termination decision based on a prohibited reason can be time consuming to defend against.

So, does this mean that you should avoid terminating any employees who may fall into a protected class? Not at all.

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After the review of your company policies, review the employee’s disciplinary history. The documentation that exists in their employee file will be the basis for which you make your decision for which you can defend yourself, if the need arises.

You’re looking for the point where the employee’s behavior or lack of performance have run afoul of company policy and can cite that violation of expected standards to them as a way to defend your decision.

In law school, there’s a way of thinking about cases popularly known as the “IRAC” method: Issue, Rule, Application, Conclusion. You can apply that here: the employee’s behavior is the issue, and the company policy is the rule, with application and conclusion being next steps in the termination process.

Documentation is king

If policy changes or ongoing employee performance problems haven’t been documented in writing, consider whether or not now is the right time to terminate the employee. It’s an old maxim — without documentation, it didn’t happen. If you or your front-line managers aren’t in the habit of documenting employee discipline and performance concerns in a timely fashion, you need to address that first.

It doesn’t look good if you’re making the claim that your employee has had Problem X for the past six months, but all of the disciplinary documentation you’ve provided them is from only the past week, in a last minute effort to throw together something. It’s better to take a step back and clean up your processes first. This is also a good point to review what remediation steps you’ve offered an employee to improve their performance, especially if the problem is an ongoing one.

Remember, you’re not just taking care of a performance or behavior issue at your office. You’re also gravely impacting the entirety of someone’s life and livelihood.

That gravity doesn’t mean that you shouldn’t act, but it does mean that you need to be fair and just throughout the process.

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State your case

Once a review of company policy, the employee’s performance and behavioral history, and any remediative steps have justified the decision to terminate employment, it’s time to schedule the meeting. If your company has an HR business partner, have them there; you’re doing the firing, though. It’s your decision, and HR is there to handle the exiting process for the employee, with the inevitable questions that will arise, as well as to serve as witness in case of litigation later.

Experts differ on whether people should be fired early in the week or late in the week, and whether or not the meeting should be held in your office or the employee’s private workspace, if they have one. In reality, these decisions vary by workspace. Take into account that you want to treat the employee with dignity and privacy as you transition.

The meeting should be direct and to the point; fifteen minutes is a long time when there’s only one message being delivered, and a prolonged conversation isn’t going to change anyone’s minds about the outcome.

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When the employee sits down, they well may wonder why HR is there as well. It’s best to acknowledge their presence in the room, and let the employee know that you’re all there today to review the status of their employment. When transitioning to the discussion of performance or behavior, be direct and clear about the types of problems that have occurred, the length of time, severity of the behaviors, and any remediative steps that have been provided. Doing so allows the employee to understand that you have been dealing with ongoing concerns for some time that have not improved, or that their behavior, even if only a one time occurrence, was so severe that you had to address it in this fashion.

After the review of performance, you’ve now got to tell the employee that, based on this behavior, or lack of improvement, their employment has been terminated, effective today.

Be prepared to experience a gamut of emotions from the employee: shock, anger, denial, disbelief, bargaining for another chance.

You may well be empathetic to the employee’s circumstance; I know that I’ve been when in this position. However, empathy aside, now is the time for what I refer to as “kind clarity”. You’re using precise language, so as not to confuse the employee or to give them the false impression that there’s another avenue at this point. While not belaboring the point of every violation of rules that they committed, you’re also remaining steadfast to their performance issues. It’s natural, when faced with a strong emotional reaction from the employee, to want to minimize the problems that existed that led to their termination.

While it’s tempting to want to console an upset employee, overly kind words that seem dismissive of their problem today may be used as evidence tomorrow. You can go into broken record mode when an employee disagrees with the decision: “I acknowledge your position, but the decision is final.” And, while it’s understandable that you’d possibly be emotional as well, don’t say that this decision is difficult for you. That’s not going to make anyone in the room feel better, most especially the now ex-employee.

Once the termination has been delivered, utilize the skills of your HR business partner, if possible, to answer the expected questions about benefits, pay, references, unemployment claims, etc. If your company is upscaling and doesn’t have a dedicated HR department, think about all of the questions that you would have in a similar circumstance, and be prepared to answer them.

Provide the employee with a point of contact for any questions or needs that come up after the meeting is ended, and make certain that that point of contact provides them with the same high level of customer service that you would expect for any employee.

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Transition forward

At the conclusion of the meeting, escort your former employee to pick up their essential belongings and then directly off property. Even for employees for whom there is no expected risk of becoming violent or disruptive in the workplace, you want to protect your team against any unnecessary distraction of a visibly upset colleague who may have been popular among them.

For employees who have a large amount of personal property, allowing them to come back after hours when you or your HR partner can observe them packing is kinder than asking them to do it in front of an audience of their former colleagues. You’ll also want to provide notice of the termination to your IT department to have e-mail and other proprietary technology shut off at the time of termination. This avoids the risk of the former employee sending out any messaging that would be harmful to the company as a “parting gift”.

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After the employee has been terminated, the work goes on. You’ll want to maintain the employee’s privacy and confidentiality as you transition their projects to other team members and, eventually, interview for their replacement. Maintaining the same levels of empathy and reassurance with them as they transition without their co-worker, as well as rolling up your sleeves to take on some of the additional workload if necessary, will ensure that the mission goes forward.

#FireRight

Roger is a Staff Writer at The American Genius and holds two Master's degrees, one in Education Leadership and another in Leadership Studies. In his spare time away from researching leadership retention and communication styles, he loves to watch baseball, especially the Red Sox!

Opinion Editorials

Funny females are less likely to be promoted

(CAREER) Science says that the funnier a female, the less likely she is to be promoted. Uhh…

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funny females promoted less often

Faceless keyboard warriors around the world have been — incorrectly — lamenting that women just aren’t funny for years now (remember the “Ghostbusters” remake backlash?).The good news is they are obviously wrong. The bad news? When women dare to reveal their comedic side in the workplace they are often perceived as “disruptive” while men are rewarded.

That’s right. Women not only have to worry about being constantly interrupted, receiving raises less frequently than men despite asking for them equally as often, and still making nearly $10,000 less than men each year, but now they have to worry about being too funny at the office.

A recent University of Arizona study asked more than 300 people to read the fictional resume of a clothing store manager with the gender-neutral name “Sam” and watch a video presentation featuring Sam. The videos came in four versions: a serious male speaker, a humorous male speaker, a serious female speaker and a humorous female speaker.

According to the researchers, “humorous males are ascribed higher status compared with nonhumorous males, while humorous females are ascribed lower status compared with nonhumorous females.” Translation: Male workers earn respect for being funny while their funny female coworkers are often seen in a more negative light.

There are, of course, several reasons this could be the case. The researchers behind this particular study pointed to the stereotype that women are more dedicated to their families than their work, and being perceived as humorous could convey the sense they don’t take their work as seriously as men.

Psychiatrist Prudy Gourguechon offered another take, putting the blame directly on Sam the clothing store manager, calling out their seemingly narcissistic behavior and how society’s tolerance for such behavior is “distinctly gender-based.” She says these biases go back to the social programming of our childhoods and the roles mothers and fathers tend to play in our upbringing.

So what are women supposed to do with this information?

Gourgechon’s status quo advice includes telling women to not stop being funny, but “to be aware of the the feelings and subjectivities of the people around you.” While recommending an empathetic stance isn’t necessarily bad advice, it still puts the onus on women to change their behavior, worry about what everyone else thinks and attempt to please everyone around them.

We already know that professional women can have an extremely hard time remaining true to themselves in the workplace — especially women in the tech industry — and authenticity is often a privilege saved for those who conform to the accepted culture. We obviously still have a long way to go before women stop being “punished” for being funny at work, but things seem to be progressing, however slowly.

Former First Lady Michelle Obama shared her thoughts last year on the improvements that have been made and the changes that still need to happen, including encouraging men to step up and do their part. In the wake of the #metoo movement, CNBC recommended five things men can do to support women at work. There are amazing women in STEM positions around the world we can all admire and shine a spotlight on.

All of these steps — both big and small — will continue to chip away at the gender inequality that permeates today’s workplaces. And perhaps one day in the near future, female clothing store manager Sam will be allowed to be just as funny as male clothing store manager Sam.

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Opinion Editorials

To the unsung entrepreneurial heroes – we believe in you

(EDITORIAL) To the unseen entrepreneur we see you and we know that you work your tails off to do good things in your community even if it never means going IPO.

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restaurant entrepreneurs

I recently frequented one of my favorite new restaurants to find it permanently closed after less than a year. This locally sourced brunch place had pinpointed all of the farms that supplied their food on a map of California that hung like gallery art in the center of their restaurant.

They made sandwiches at their shop with donated food for the homeless and wrote inspirational notes to tuck inside their brown bag lunches. Their food was not only nutritious but delicious, and they seemed to always have patrons when we went, not too many that there was a line out the door, but enough that they always seemed busy.

I wish that we had spent more time there, more money, told more of our friends or left glowing yelp reviews, but we are only two people, two people who took a delicious restaurant for granted because we thought how could this fail?

I’m sure that’s what the owners believed too when they started out.

They probably thought they’d make great food that people want to eat in a location newly dubbed Silicon Beach – amid shiny live/work complexes, surrounded by startups and young people.

They ventured that they could morally source nutritious food, give back to the community, and be excellent.

Part of me imagines that they did so well as a restaurant that they shut their doors just to expand, or open in a better location, or take a much needed break. But they probably failed, like so many businesses do, and I want to take a moment to say thanks.

Not just to the restaurant that served the best breakfast tater tots that I have ever had the pleasure of eating, but to every entrepreneur who embarks on a journey that tries to make the world better.

I’m not just talking about the tech entrepreneurs, though we need you too.

I’m mostly talking about the unseen baker that wakes up at 3am every morning just to bring a handful of baked goods to their city. Or about the small store owner that stocks chotchkies and cookbooks and beautiful things all of which I wish I could buy. I’m talking about the start up plumber who shows up to your house on a Sunday afternoon and fixes your toilet because you’re at your wits end.

You are the unsung entrepreneurs, the heroes that we hurriedly thank on our way out the door.

You are the folks who had a dream and risked everything to bring us delicious food, adorable chotchkies, and functional plumbing.

A mentor of mine once told me that to be successful you must jump in the water, swim as fast as you can, and slowly increase the speed.

To those of you out there swimming as fast as you can – we’re behind you, and we appreciate you.

This is your headline, one you don’t often get — keep doing what you’re doing, we believe in you, and your hard work does not go unnoticed.

And if you decide after everything you’ve been through that it’s time to hang a permanently closed sign on your front door, there are people out there, lots of them maybe, who will mourn the loss of your mini quiches, your adorable iPhone cases, or even the best breakfast tater tots in the world.

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Opinion Editorials

Serial procrastinator? Your issue isn’t time management

(EDITORIAL) Need a hack for your time management? Try focusing on your energy management.

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productivity

Your author has a confession to make; as a “type B” personality who has always struggled with procrastination, I am endlessly fascinated by the topic of productivity and “hacking your time.”

I’ve tried most of the tricks you’ve read about, with varying degrees of success.

Recently, publishers like BBC have begun to approach productivity from a different perspective; rather than packing days full of to-do items as a way to maximize time, the key is to maximize your mental energy through a different brand of time management.

So, why doesn’t time management work?

For starters, not all work time is quality time by nature. According to a study published at ScienceDirect, your average worker is interrupted 87 times a day on the job. For an 8-hour day, that’s almost 11 times per hour. No wonder it’s so hard to stay focused!

Second, time management implies a need to fill time in order to maximize it.

It’s the difference between “being busy” and “being productive.”

It also doesn’t impress your boss; a Boston University study concluded that “managers could not tell the difference between employees who actually worked 80 hours a week and those who just pretended to.” By contrast, managing your energy lets you maximize your time based on how it fits with your mental state.

Now, how do you manage your energy?

First, understand and protect the time that should actually go into deep, focused work. Studies continually show that just a few hours of focused worked yield the greatest results; try to put in longer hours behind that, and you’ll see diminishing returns. There’s a couple ways you can accomplish this.

You can block off time in your day dedicated to focused work, and guard the time as if it were a meeting. You could also physically retreat to a private space in order to work on a task.

Building in flexibility is another key to managing your energy. The BBC article references a 1980s study that divided students into two groups; one group planned out monthly goals, while the other group planned out daily goals and activities. The study found the monthly planners accomplished more of their goals, because the students focusing on detailed daily plans often found them foiled by the unexpected.

Moral of the story?

Don’t lock in your schedule too tightly; leave space for the unexpected.

Finally, you should consider making time for rest, a fact reiterated often by the BBC article. You’ve probably heard the advice before that taking 17 minute breaks for every 52 minutes worked is important, and studies continue to show that it is. However, rest also includes taking the time to turn your brain off of work mode entirely.

The BBC article quotes associated professor of psychiatry Srini Pillay as saying that, “[people] need to use both the focus ad unfocus circuits in the brain,” in order to be fully productive. High achievers like Serena Williams, Warren Buffet and Bill Gates build this into their mentality and their practice.

Embracing rest and unfocused thinking may be key to “embracing the slumps,” as the BBC article puts it.

In conclusion, by leaving some flexibility in your schedule and listening to your body and mind, you can better tailor your day to your mental state and match your brainpower to the appropriate task. As someone who is tempted to keep a busy to-do list myself, I am excited to reevaluate and improve my own approach. Maybe you should revisit your own systems as well.

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