In my previous post, I wrote about hiring staffs under the topic Dealing with Staffs in Business thanks to everyone who took their time to read the post. If you missed it, you can go read it here. I will be looking at another interesting part when dealing with staffs in business, which is firing staffs. How do you fire a staff without getting into a court case with the staff after firing?
Some staffs might be very frustrating and might be a risk to the company and you may be tempted to fire them immediately only to be sued by your ex-staff for illegal firing. You might want to avert things like this, it is advisable to always document the problems first. It is true that an employee can be fired but creating a paper trial or query can help you when you fire them. Document every transgression and offence done by an employee in writing, then give the employee a letter to explain what they did wrong, also let them write what they can do to reverse their transgression, and have them sign it. Keep this at heart that you cannot fire an employee because of discrimination or retaliation, or when they have a long term contract without repercussion, expect a termination suit from the employee.
If you are about to fire an employee (except for cases of discrimination or retaliation, or when they have a long term contract) and do not want an ugly, expensive and wrongful termination suit, I will be giving an idea to the issues you should consider before you fire an employee.
Before making a decision, you need to analyze if the offence is the fault of the employee or your business work policy. If it is your business problem, then firing them isn’t the right way to solve the problem.
Make sure every offence is properly written and kept safely. And make sure the staffs/employees has answered a written query before firing them.
Be sure previous employees haven’t done the same thing. If it has happened previously, you need to do an internal check then find solution
Before firing your employee, be sure to always consider the employee’s health and age group
Be sure you aren’t firing your employee on the basis of personal offence and/or retaliation for exercising some legal rights.
Be certain the staff doesn’t have a long term serving contract with the company either written or implied. If they had a long term serving contract with the company, firing them must be on a just reason such as illegal behavior, excessive absenteeism, sexual harassment, incompetence, and other cases which have been properly investigated.
As a business, limiting every risk is your major priority so in letting go of an employee, necessary measures is advised to prevent legal actions against the company. After firing an employee, ensure you make changes and the access of the employee is changed in cases where he has security clearances. Be sure the employee was handed a termination before leaving the premises of the company and make sure it is properly documented.
Resteemed and upvoted already :)
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Solid read @ben-edom
@tipu curate
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Upvoted 👌 (Mana: 5/15 - need recharge?)
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I totally agree with your point on having them write down the offence they have committed, this will make the employer free from any form of guilt or any court related issue. Thanks for the tips
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You are right @futurekr, with adequate information written down, there will be no such thing as court issue because the employee will be free from false accusation.
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hi @ben-edom
Good read thanks. I have found that different countries have quite different labour laws and you really need to understand employee rights in the legal jurisdiction where you are operating.
What I find particular hard is the human interaction in telling someone that they are going to lose their job. Unfortunately, I have had to do that a few times and is the worst part of my job.
Thanks for sharing - upvoted.
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Doing your job isn't the difficult part but the emotional aspect of it when the employee being fired sees you as the devil making them lose their jobs.
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Exactly. However, sometimes it really is for the best as the job simply isn't for them and perhaps in time, they will realise it. I try to give all employees all the support to succeed in their jobs but for some, they just won't cut it.
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It is usually not easy to do, but sometimes for the sake of the sanity of the employee as well as the business, it is usually the right choice to make.
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I agree, I have found where someone is not performing it was because their heart was not in it. It wasn't really what they wanted to do. So it might be a hard situation to go through but it may actually help them to realise it was never right for them.
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I have heard of cases where employees sue companies for firing them unjustly but i haven't witnessed one. I will have to be very careful so as not to fall into such mess.
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It is obvious you can relate well to the post, thanks for making my comment section interactive buddy.
You have to be really careful when handling the cases of firing people though.
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There are certain geographical areas where firing people is not a problem that will lead to a court case (it might only result into the existence of hatred between the two parties.
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Usually, the person who is in the position of firing workers is usually regarded as the enemy, even if the fault is from the workers, they never want to get fired.
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Dear @ben-edom
Interesting choice of topic.
Surely large companies may have some difficulties with firing the staff. However I've learned that more and more companies do not hire people. They prefer to outsource tasks. So instead being hired, you can expect that you will be requested to open your own business and become self-employed person. You will have to take care of your taxes, health insurance, pension, paid holliday etc. And once every month you will provide your "client" with an invoice.
That's surely good tip :)
Have a pleasant monday,
Yours, Piotr
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I really like that idea of outsourcing, I am hearing about it for the first time, so i will do a research on it, thanks for the update
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I like the fact that you have shed light to another part of documentation, I have never used this technique before and I will begin to make use of it. Thanks for sharing this insightful post
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My pleasure @oluwatobi, I am glad you the post was helpful.
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@ben-edom This is very important in business because most staff take there job for granted
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Yes, a lot of people take their job for granted but they never want to get fired, so it depends on the employee to know what they want and fire anyone who is no longer adding any meaning to the organization.
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Employers should always consider their safety before employing and during business transactions as this will help you get out of troubles posed by the employees.
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