What are the goals of a termination meeting?

The decision has been made. An employee must be terminated. The legal review has been completed. Now comes one of the worst parts of any supervisor or manager's job-telling someone that he or she has been fired or otherwise discharged from employment. This is a stressful and unpleasant task, one for which careful planning is required.

The goals of a termination meeting are to efficiently communicate the termination decision to the employee and to clearly set out the reason for the decision, which must, of course, be fair. There should be sound reasons for the discharge that can be documented and explained. If the employee can understand the reason for the discharge, the employee may not imagine there is a more sinister reason and seek out legal help to find it.

The meeting should be conducted in a manner that maintains the dignity of the person being terminated and minimizes resentment toward the employer. This will help maintain the employer's reputation of dealing fairly with its people and avoid lawsuits. The termination meeting is the last opportunity an organization has to decrease the likelihood that an employee will file a lawsuit challenging the termination.

Reaching these goals may sound like a difficult task; but it is not, as long as the meeting is planned in advance, held privately and conducted with the right tone. Stick to the who,what,when,where and why formula and the practical meeting advice that follows.

Should a third party be there? The employee may want a witness to be present. Allowing the employee to have a witness there may help the employee feel that he or she is not being railroaded out the door. However, the witness is only there to observe the meeting, not to act as a representative for the employee.

A request for a union representative does not have to be granted, because the purpose of the meeting is to merely inform the person of a permanent decision to discharge that has been previously made.

You may want a third person present if trouble is expected or if an objective third party is needed. Bear in mind that this second management person may be seen as an attempt to gang up on the employee.

Documentation that supports the discharge, such as relevant policies, records of discipline, statements from witnesses and customer complaints, should be available at the termination meeting in case there is some misunderstanding about why the termination is occurring.

Early in the day and early in the week is the best time for conducting a termination meeting. People are more relaxed, more rested and better equipped to handle stress earlier in the day. Later they may be tired and short-tempered, which may increase the chance for an unpleasant reaction to the bad news.

The meeting should be private. It should be held at a neutral site, not at your office. For security reasons, the meeting place should have a working telephone, be well lit, and, preferably, one wall of uncovered glass. Violence in the workplace experts recommend that the room have a direct door to the outside.

The actual meeting to inform the employee that he or she is being terminated should take about 10 minutes. The purpose is to communicate that a decision has been made to terminate the employee and the reasons behind that decision.

Practical meeting advice. The first moments of the termination session will often dictate the tone for the rest of the meeting. During this period, you can establish control of the meeting. Focus on the facts and be calm.

Plan your opening statement. You might want to rehearse it, too. The statement should first inform the employee that a termination decision has been made, followed by the reason for the termination. This statement should not be judgmental. Words should be chosen that would not provoke a hostile reaction or invite argument about the decision.

The following tips should be kept in mind:

• Emphasize that the decision is final and cannot be reversed. Tell the employee that all relevant factors were reviewed and that there is agreement on all management levels.

• Display empathy for the employee's situation, but do not sympathize or try to become a friend. If the person starts to cry, allow the expression of emotion to occur and just offer some tissue. Do not try to soften the bad news.

• Do not hold out any hope that the decision will be changed or that there is a possibility for any kind of bargaining.

• Put no blame on upper management. Avoid making statements such as, They decided to terminate your employment. Agreement with the decision at all levels of management must be communicated.

• Keep control of the meeting and keep the focus on the central issue of informing the person of the predetermined result. Be firm and honest, but allow the person to have his or her say. Don't interrupt or talk over the person who maintains a business-like tone.

• If the person tries to argue with the decision, react by saying such words as, I understand what you are saying, but the decision stands and will not be changed. If the employee becomes angry or abusive, do not respond in a similar manner. Maintain a normal tone of voice. State firmly that the meeting will not continue under such conditions

• Do not respond if the person threatens to file a lawsuit. Everybody has the right to do so.

• Do not discuss the situation of any other employee.

• Communicate the reasons for the termination in factual terms. Do not make value judgments about the person's character or work ethic.

• End the meeting by telling the person the effective date of the termination and the manner in which to leave the premises. At this point, it may be appropriate to turn the meeting over to a Human Resources department representative or other official to inform the person about final payments and benefits.

For more information, see Termination meeting checklist at ¶67,030 .

Final pay and benefits. One of the first questions a terminated employee will have will be about the final paycheck and benefits. State law controls pay on discharge, payment for unused vacation time and time of payment. This information should already be assembled and answers ready for the employee.

However, there is only one answer to employees' questions on benefits. The response to questions like Will my health insurance coverage continue while I look for a new job? should be either, Consult your employee handbook or See the benefits administrator.

The handbook and the benefits administrator should be the only sources of communication regarding benefits issues, as there is an enormous potential for well-meaning comments made by a supervisor to lead to litigation over benefits.

Confidentiality. An employer's confidentiality policies and requirements should be reviewed. Even if the employer has no policies or agreements in place, reviewing the importance of continuing to respect the confidential information acquired during the course of employment sends a message to a departing employee that the employer expects the employee to honor its proprietary rights in business information. Some employers may give the employee a copy of any policies and agreements concerning nondisclosure and prohibiting solicitation.

Company property. Document that the employee was requested to return all organization property, including photocopies and electronic files. Also, if the departing employee has created intellectual property for the employer, this is the time to confirm that all patents and copyrights have been obtained, or that the employee will continue to aid the employer in obtaining them.

Security concerns. Also, prepare in advance for the possibility of a very negative, hostile, even violent reaction to the termination news. Violence could erupt at the meeting or the former employee could plan some revenge. Advise security of any concerns you may have and request that appropriate preventive measures be taken.

Privacy. Only discuss the termination with persons who have a need to know. Be wary of conversations being overheard, especially in elevators, restrooms or at lunch. Do not discuss the situation with outside parties and friends.

There is a reluctance to discuss a termination, out of respect for the former employee's privacy, and perhaps, out of fear of a defamation lawsuit. Nevertheless, the former employee's work group knows about the termination and they may have some concerns.

You may need to discuss who will assume the former employee's assignments and tasks and it may be necessary to notify the former employee's business contacts. Always respect the former employee's privacy. How these communications will be made should follow organizational policies and procedures and should be determined before the termination.

Records. Before an exit interview, review the employee’s Form I-9 for completeness and accuracy. If necessary, use the exit interview to make any needed corrections.

The former employee's records must be maintained according to the employer's record retention schedule. Should there be a concern about litigation involving this former employee, consider extending the amount of time the records are maintained.