One of the hardest tasks an HR professional undertakes in their tenure is the termination of an employee. Terminations require you to be calm, stick to the facts, and help to not escalate the issue further or cause you to say something that could potentially create an unintended lawsuit for you or your company.

The first thing any HR department should do is document the facts. Having items written down to refer to during the termination meeting can be helpful. Be prepared with any previous disciplinary actions or written communication to help answer questions the employee might have as to why they’re being terminated. Document legitimate business reasons, performance reasons, or behavioral reasons that will support your actions.

Next, schedule a private and uninterrupted time and place to have the meeting. Do it out of the way of other employees that might see or hear the conversation; avoid any extra embarrassment on the part of the employee. Make sure to have any necessary paperwork with you regarding the termination, COBRA documents, and/or final paycheck (if applicable). Verify what company property the employee has (if applicable) as well, and make a checklist of what needs to be returned and/or what access need to be turned off.

Also, have another company employee present as a witness. The witness should be a managerial employee – one who is not emotionally invested in the situation present to verify what occurred during the termination meeting. This can reduce the “he said/she said” mentality that could come back to haunt your company.

Do not second guess the termination decision or play into emotions. Focus on what got the employee to a termination in the first place, stick to the facts, and do not engage in arguments of any sort. Do not talk about any issues that could be mistaken for discrimination or engage in a discussion regarding such things. Taking control of the situation is of utmost importance and will help things stay on a business track rather than an emotional one. Talk about the transition of property and benefits. Some items to consider are:

• future benefits (stock, COBRA)
• 401K rollover
• contractual obligations/non-competes
• unemployment
• insurance (medical/dental/life/supplemental)
• severance
• hold harmless agreement
• unfinished projects
• pay out of vacation/PTO/sick time
• company property (car, computer, phone, etc…)

Answer all questions the employee might have, and offer your availability to answer questions going forward. Once the meeting is over, and personal items are gathered, always walk the employee out. You do not want employees bad mouthing the company or others while still in the building. You also want to verify an employee did not get hurt upon leaving the premises (falling on their way out and now you have a worker’s compensation claim). It will also allow you to verify the employee did not take items that was not theirs and allows you to collect keys, key card access, etc.

After the employee leaves, document the discussion and verify it with a date and signature. Follow correct state and federal guidelines on final pay and submitting termination reports if applicable.

Lastly, maintain confidentiality. Being terminated can be an embarrassment, and you do not want to use this person as an example to others. Keep the terms and conditions of the termination strictly to those who are required to know. Treating departing employees with dignity and respect is important to minimize any tension that exists when communicating a termination decision. Making a plan and sticking to it are the keys. By doing these steps, hopefully you can avoid situations that often cause termination meetings to be more stressful than they need to be.