Month: May 2025

Client: I feel like I’ve reached the point where I want to terminate an employee—can I legally do that, and what steps do I need to take to make sure it’s handled properly?

Consultant: Making the decision to terminate an employee is serious, and handling it correctly is crucial to protect both your organization and the employee’s rights. The key is ensuring there’s a legitimate reason, proper documentation, and a clear process to follow.

Client: We’re an at-will employer, so I can technically fire them at any time, right?

Consultant: At-will employment allows you to terminate an employee at any time, as long as it’s not for an illegal reason—such as discrimination, retaliation, or a violation of public policy. Even with at-will status, terminations should always be handled with consistency and fairness to avoid legal risks.

Before moving forward, ask:
✔ Have you documented the performance or behavior issues?
✔ Have you given the employee a fair chance to improve?
✔ Are you applying the same standard to others in similar situations?

If the answer to these is yes, you’re on the right track.

Client: I have some documentation, but it’s mostly emails and verbal warnings. Is that enough?

Consultant: Documentation should show a clear pattern of concerns and the steps taken to address them. Ideally, you should have:

• Written warnings or performance improvement plans (PIPs)
• Notes from coaching conversations
• Records of any policy violations
• Evidence that the employee was given a chance to improve
• Written documentation of notice to the employee that if they failed to improve they could loose their job.

If most of the information is verbal, summarize key conversations in a follow-up email to create a record for moving forward, and you’re not quite ready to terminate their employment.

Client: What if the employee’s performance has been inconsistent, but not bad enough for a formal write-up?

Consultant: Inconsistent performance can be a gray area. If you haven’t already, set clear expectations and provide direct feedback before making a termination decision.

Try this:
“I want to be upfront about my concerns with your performance. These areas need improvement, and I need to see consistency. Let’s outline a plan to get there.”

If there’s no sustained improvement after that, termination becomes a more defensible option.

Client: I’m ready to move forward with termination. What are the final steps I need to take?

Consultant: Once you’re certain, follow these steps:

• Review Company Policy: Ensure compliance with internal policies and legal considerations.
• Prepare Final Documentation: Include termination letters, final pay details, and any legal requirements.
• Plan the Conversation: Keep it brief, professional, and clear.
• Have a Witness Present: An HR rep or another manager should be in the room or in the virtual meeting. (In person is best.)
• Be Ready for Questions: Address final pay, benefits, and next steps.

You might say:
“We’ve had multiple discussions about [specific issues], and unfortunately, we haven’t seen the necessary improvement. As a result, today will be your last day with the company. Here are the details regarding your final paycheck and benefits.”

Keeping it direct and professional helps avoid unnecessary conflict.

Client: What if they get angry or try to argue?

Consultant: Stay calm and avoid debate. If they push back, you can say:
“I understand this is difficult news. The decision is final, and I want to focus on making this transition as smooth as possible for you.”

If the situation escalates, end the meeting by providing them the prepared documentation and letting them know they can reach out to you for any needed clarification later. If the meeting is in person, escort them to the space to gather their things. (Remember to do this with respect, minimizing their exposure to other employees)

Client: So, the key is documentation, fairness, and a structured process?

Consultant: Exactly. Terminations should be handled professionally, legally, and with dignity. If you follow the right steps, you reduce risk and ensure the process is fair for everyone involved.

And if you need help reviewing documentation or structuring the conversation, we’re here to assist.

Client: I have an employee who keeps raising the same complaints, even though we’ve looked into them multiple times and found no real issue. How do I handle this without dismissing their concerns outright?

Consultant: It’s frustrating when the same issue keeps resurfacing, especially after thorough reviews. The key is to acknowledge their concerns while setting boundaries around when a matter is considered resolved.

Client: I don’t want to shut them down, but I also don’t want to keep revisiting the same thing over and over. How do I make it clear that we’ve already addressed it?

Consultant: Start by recognizing their feelings while reinforcing the steps that have already been taken.

Try this:
“I understand that this is still on your mind, and I appreciate you bringing it to me again. We’ve reviewed this concern thoroughly and didn’t find an issue. Since we’ve already taken the appropriate steps, we need to move forward. Let’s talk about what will help you feel more comfortable with that.”

This keeps the conversation productive rather than reopening a closed case.

Client: What if they insist the issue wasn’t handled properly?

Consultant: If they believe something was missed, ask them to provide new or different information.

You might say:
“If there’s anything new that wasn’t considered before, I’m open to reviewing it. Otherwise, since we’ve already looked into this, I want to focus on how we can help you move forward.”

This shifts the discussion from rehashing old ground to problem-solving.

Client: What if they bring it up to others and try to get coworkers involved?

Consultant: If they’re continuing to raise the issue despite it being resolved, and especially if they’re trying to rally others, it’s time for a firmer conversation.

Try this:
“I’ve noticed that this concern is still coming up in discussions with others. Since we’ve addressed it, I need you to respect that decision and focus on your work. If there’s something specific that’s still affecting your ability to do your job, let’s talk about that directly.”

This sets clear expectations while giving them an opportunity to voice any current concerns.

Client: What if they just won’t let it go?

Consultant: If they continue to push the issue after it’s been formally addressed, you may need to escalate to a performance discussion.

You could say:
“We’ve reviewed this multiple times, and I need to be clear that continuing to raise the same concern without new information is becoming disruptive. If this continues, we’ll need to address it as a workplace behavior issue.”

At this point, documentation is key in case further action is required.

Client: So, the key is to acknowledge, set boundaries, and shift focus forward?

Consultant: Exactly. Show that you’ve listened, clarify that the concern has been addressed, and guide them toward moving on. If they refuse, treat it as a workplace behavior issue rather than a valid complaint.

And if you need help structuring the conversation or documenting next steps, we’re here to help.

Client: I have an employee who came to me with a complaint about a coworker but then said they don’t want me to take any action. I don’t want to ignore the issue, but I also don’t want to betray their trust. What should I do?

Consultant: This is a tricky situation. Employees sometimes bring up concerns because they want to vent, not because they want formal action. Even if they ask you not to do anything, you still have a responsibility to assess whether the issue needs to be addressed.

Client: So what do I say in the moment when they tell me they don’t want me to take action?

Consultant: Acknowledge their concern while setting expectations about your role.

You could say:
“I appreciate you trusting me with this. I want to respect your wishes, and at the same time, I have a responsibility to make sure workplace concerns are handled appropriately. Let’s talk through what’s happening and see what options make sense.”

This helps them feel heard while making it clear that some concerns require follow-up.

Client: What if it’s something small, like an annoying habit or a one-time issue?

Consultant: If it’s minor and doesn’t violate any policies, you can treat it as a coaching opportunity rather than a formal complaint.

Try this:
“If this is something that’s bothering you and isn’t a policy issue, we can talk about ways to address it directly. Have you considered speaking with your coworker about it?”

Encouraging employees to resolve small issues themselves can prevent unnecessary escalation.

Client: What if the complaint is about something serious, like harassment or safety concerns?

Consultant: If the issue involves harassment, discrimination, or workplace safety, you must act, even if the employee asks you not to.

You might say:
“I understand that you don’t want me to take action, and I want to respect your comfort level. At the same time, this is something I’m required to address to maintain a safe and respectful workplace. We’ll handle it appropriately and keep confidentiality in mind as much as possible.”

This reinforces that some complaints can’t be ignored while assuring them you’ll be discreet.

Client: What if they get upset and feel like I broke their trust?

Consultant: Transparency helps prevent that. If you set expectations upfront, they’re less likely to feel blindsided.

You could say:
“I want to be upfront about what I can and can’t keep private. If something affects workplace safety or company policies, I have to take the next steps. My goal is to handle this professionally while considering your concerns.”

This shows that your actions aren’t personal—they’re part of your responsibility as a manager.

Client: What if it’s an ongoing problem, but they still don’t want me to step in?

Consultant: If a pattern is emerging, it’s worth revisiting the conversation. The employee may eventually want help if the issue continues.

Try this:
“I know we talked about this before, and I want to check in. Is the situation improving, or would you like to explore some options for addressing it?”

This keeps the door open without forcing them into action.

Client: So, the key is balancing confidentiality, setting expectations, and knowing when I have to act?

Consultant: Exactly. Some concerns can stay private, while others require action. Being clear about that from the start helps employees feel heard while ensuring workplace issues don’t go unchecked.

And if you ever need guidance on handling tricky employee complaints, we’re here to help.