How do you let someone go?

IBackBevo

If there was a sticky subject button, I would put it on this post.  I know there are some HR people on here, so I thought maybe you might have some advice.

DH has a small business and is unfortunately going to have to let one of his employees go.  To make a long story short, this person has not been doing their job or been doing it so poorly that my DH then has to pay someone else to come back in and clean up her mess afterwards.  There have been other issues, too. At one point, she did not even show up to work for several days. No phone call.  Nothing. She didn't show up and didn't answer her cell phone or home phone.  She just disappeared--we were literally calling around to funeral homes and hospitals looking for her thinking something horrible had happened.  DH talked to her about it at the time because the entire situation not only put him in a terrible bind, but had all of us worried.  And he has talked to her about the other issues, too.  Ultimately, though, more issues just seem to keep coming up.

There have been other issues, but for purposes of brevity I won't go into every detail.  Suffice it to say that the job just isn't working out--she has only been employed about 6-7 months.  She is a nice person, but, ultimately, what it comes down to is that his business is very small and he has to have someone who is reliable and can do the job competently so he needs to let her go so he can hire someone else. Thus, my question is: How should he go about doing this?  Neither of us has ever fired anyone or let anyone go (other than a nanny who was smoking while caring for LO) so we feel clueless.  DH keeps asking for my advice, but I feel just as clueless as him.  His business is too small for most employment laws to apply, but really that is beside the point -- we don't want there to be any sort of bad blood. We know someone who fired an employee who then ultimately tried to burn their house down. And my firm once let a woman go who then ultimately took information she had gotten while at the firm (account numbers and credit card numbers) and used it to steal money from the firm.  Obviously, these are extreme circumstances, but it still makes me leery.  What is more, this person isn't a bad person so I feel for her to some degree, but still she just isn't right this particular job.   Any tips or advice?   

Edit: I may DD this after awhile just because I would not want anyone who knows this woman to see this.  I know that is unlikely, but you just never know...

HeatherKCT

Not sure this will help or not but I'll give it a shot. When firing anyone, whether the offense is egregious or not, it's hard. But you have to do what's right for the business.

Has she shown up to work in the past few days? Maybe the next time she comes into work, have your husband sit down with her and talk about the different things that she is doing that are not up to standards. Tell her that he appreciates who she is and the working relationship that they have but that at the end of the day he has a business to run and that the things she is failing to do is causing the business to suffer. Because of that, he is going to have to let her go.

Once that is done, make sure that you change any passwords/account information settings that she may have access to that you would no longer want her to have access to.

Ultimately you have to do what's right for your business. If you still have concerns about how to go about doing it, it may help to seek out legal advice to ensure you won't get any discrimination charges/labor charges.

Good Luck!

IBackBevo

hocus:

Why did you not fire her when she didn't come into work for several days? It is standard to be fired for such behavior. 

I would consult with an attorney as to what you HAVE to do to fire her and how you want to deal with unemployment and her final paycheck. After that have a meeting with her and let her that you've decided to let her go. I'd do it as quickly as possible and I personally wouldn't spend a whole lot of time going over the reasons why since that will just lead to an argument. You may want to offer a small severance payment but I would defer and conversations about that until you consult with an attorney.

I agree that he probably should have let her go after not showing up for work.  Honestly, I think one of the main reasons he has not let her go before is because he has been thinking she was just going to quit...but that doesn't appear to be happening.  The thought has even crossed my mind that maybe she is purposefully being incompetent so we will let her go and she can attempt to get unemployment. 

I am not worried about being sued.  I am an attorney and I have even defended employment litigation cases under anti-discrimination laws, Title VII, the FLSA, the ADA, etc. The business is too small for most employment laws to apply (other than overtime, minimum wage, etc. but he has complied with those laws) and Texas is an "at will" state. Therefore, I'm not highly concerned about being sued.  A person can sue anyone for any reason, but I can safely say that any claim she would make would likely be thrown out on summary judgment.  I just am looking for suggestions on the best way to handle this more from a business management perspective.  In other words, I don't want a disgruntled employee out in the community giving my DH's business bad reviews online or doing something else retaliatory simply because she is angry.  Of course, I suppose that is always a risk one takes.  Thanks for the suggestions on how to talk to her.

   

Sunidaze

That she wasn't fired when she didn't show up for several days boggles the mind...that could and shoud have been considered job abandonment.  I know you said that you are a small business, but when you guys term her, you need to make sure that certain payroll laws don't apply to you (i.e. in Texas, when an employee is involuntarily termed, you need to pay them within 6 calendar days.  If you really don't want any bad blood, maybe a small severance (two weeks), but really...I think guys are being too nice.  She isn't fulfilling her duties from the sounds of it and is costing you money.  Change locks if she has ever had access to keys.  Same with credit card and any financial information, really. 

IBackBevo

Thanks everyone for the suggestions! We will definitely be changing passwords, locks, etc. 

Pips09

Anytime an employee doesn't show up (or call) to work for three days, it would be job abandonment, and that's considered a voluntary resignation. Since that time has obviously passed, you should take action as soon as possible. Have you addressed the behaviors/issues that are problematic? If you have then just sit her down and tell her that this position is not a good fit, and that today is her last day. Make is short and sweet, walk her to the door, and immediately terminate any access that she has. Good luck- terminating someone is never fun or easy, but it's a necessity sometimes.

cas3ymari3

I work for a small landscaping business and have let people go. You just need to call her in and if you feel bad tell her that it isn't working out but she can continue to work for 2 weeks and take a few days off if need be for job interviews. And let her know she can use you as a reference if she needs. (but that part is up to you since you said shes not a very good worker)

StephanieLove10

1.  Consult an attorney to be sure that you're following the employment laws of your state.

2.  If you haven't already, document all of the violations of your company's policies and procedures, her poor job performance, and not showing up for work.

3.  Meet with her and advise her of all of her shortcomings.  You may want to provide a written warning that includes the consequences of any further violations (firing).

4.  The next time she violates the policies, doesn't show up, screws up a project, call her into the office and fire her.  Ask that she turn over all company property right then and there.  If she refuses or states that she doesn't have it all on her, call the cops.  Sounds extreme, but it also sounds like you're worried that SHE might do something extreme.

Good luck!