Category: From the Files of HR Answers

Client:
I have a team member who’s been gossiping, stirring up drama, and creating a really negative environment. Morale is starting to drop, and I’m hearing about things secondhand that make me concerned. How do I address this without making it worse?

Consultant:
Gossip might sound like a soft issue—but its impact is hard-hitting. It undermines trust, erodes culture, and distracts from the real work. The goal is to call it out clearly, privately, and with a focus on expectations—not accusations.

Client:
What do I say in the moment? I don’t want to sound like I’m policing conversations.

Consultant:
You’re not the gossip police—you’re the culture keeper. Approach it with curiosity and clarity.

Try this:
“I’ve noticed some conversations and tone lately that seem to be affecting team morale. I want to talk with you about what I’m seeing and the kind of environment we’re working to maintain.”

Client:
What if they deny it or say they were just ‘venting’?

Consultant:
That’s a common defense. Shift the focus from their intent to their impact.

Say:
“I understand you may not have meant harm, and the result is still that it’s creating tension in the team. We all have tough days, and when frustration turns into side conversations or speculation, it hurts the group.”

Client:
How direct can I be about the behavior?

Consultant:
Very. Gossip thrives in ambiguity. Be clear about what you’re seeing and what needs to stop.

You might say:
“Comments that criticize others behind their backs or spread unverified information have no place on this team. It undermines trust, and I expect it to stop immediately.”

Client:
What if they say others are doing it too?

Consultant:
Redirect. This conversation is about their behavior, not anyone else’s.

Say:
“I’m talking to you because I’ve observed or heard concerns about your conduct. If there are broader concerns, I’ll address those separately. Right now, I need your focus on how you contribute to the team’s culture.”

Client:
Should I document this conversation?

Consultant:
Absolutely. Gossip might feel informal, but the impact is very real. Document what you discussed, the expectations you set, and the employee’s response.

And say:
“We’re having this conversation to reset expectations. I’m documenting it informally for now, and if the behavior continues, we’ll move to formal steps.”

Client:
What if the gossip doesn’t stop?

Consultant:
Then it becomes a conduct issue. Escalate with formal warnings and tie it to your workplace standards.

You can say:
“We’ve discussed this before, and I’m still hearing reports of gossip and negativity. At this point, it’s impacting the team and will result in formal corrective action if it continues.”

Client:
So, I don’t have to be mean—I just have to be clear.

Consultant:
Exactly. Gossip loses power when you shine a light on it. Be respectful, firm, and consistent—and your culture will thank you for it.

Recap:
✔ Gossip is a conduct issue, not harmless chatter
✔ Address it early and privately
✔ Focus on impact, not intention
✔ Be direct, document it, and follow through
✔ Culture is built—and protected—through action

And if you need help scripting difficult conversations or creating a code of conduct—we’re here to support you.

Client: I’ve got an employee who’s constantly going above and beyond—but sometimes too far. They’re stepping into other people’s roles, taking over decisions they shouldn’t, and it’s starting to create friction. They mean well, but it’s getting disruptive. How do I handle it?

Consultant: It’s a classic case of over-achievement turned overstep. Their energy is valuable—and it needs direction. The goal is to keep their motivation without letting them derail roles, boundaries, or team trust.

Client: I don’t want to shut them down—they’re one of my hardest workers. But they’re stepping on toes.

Consultant: That’s the right instinct. You want to coach, not crush. Start by affirming their contributions—and then re-center the conversation on structure and roles.

Try this:
“I really value your initiative and the energy you bring to your work. At the same time, I’ve noticed you’re stepping into areas that aren’t part of your role, and it’s starting to cause confusion for others. Let’s talk about how to channel your drive while keeping clear boundaries.”

Client: What if they say, ‘I was just trying to help’?

Consultant: That’s likely—and it’s true. Reinforce that intent doesn’t cancel out impact.

Say:
“I know your intention is to support the team, and I appreciate that. And when roles get blurred, even with the best intent, it can lead to confusion and missed expectations. Let’s work together on where your role ends—and where support is still welcome.”

Client: Should I adjust their job to give them more responsibility?

Consultant: Only if it makes sense operationally. If they’re ready and the organization has room for it, explore it. But don’t reward boundary-crossing with promotion by default.

You might say:
“Let’s explore opportunities for growth in a structured way. If you’re interested in broader responsibilities, we can talk about what development or steps are needed to prepare you for that.”

Client: What if they’re intimidating others without realizing it?

Consultant: That’s a big flag. Overreach can feel like micromanagement or mistrust to coworkers—even when unintentional.

Address it with:
“I’ve heard some feedback that your involvement in certain areas is making it harder for others to own their work. That wasn’t your intent, but it is the impact. Let’s talk about how we can help you lead from within your role, without overstepping others.”

Client: What if they keep doing it?

Consultant: Then it shifts from coaching to correction. Document the behavior and clarify consequences.

Say:
“We’ve discussed boundaries and expectations, and I’m still seeing some overreach. I need you to stay within your role, and if that doesn’t happen, we’ll have to move to a formal discussion.”

Client: So, the message is: Stay ambitious—but stay in your lane?

Consultant: Exactly. Encourage drive. Reinforce structure. And when needed—draw the line.

Recap:
✔ Acknowledge intent, manage impact
✔ Clarify roles and expectations—early and often
✔ Offer growth paths, not free rein
✔ Address peer impact directly
✔ Coach first, correct if necessary

And if you need help drafting role clarity tools or coaching high performers—we’re here to support you.

Client: I just got a request from one of my employees asking if they can receive donated leave from coworkers because they’ve run out of their own time. The thing is—we don’t have a leave donation policy. How should I respond?

Consultant: That’s a tough spot—and a common one. When people face health issues or personal crises, others often want to help. But without a clear program in place, approving informal donations opens up fairness issues, administrative headaches, and potential liability. You’re right to pause before saying yes.

Client: I don’t want to come across as unsympathetic, especially since others seem willing to donate. What do I say?

Consultant: Lead with compassion—and policy clarity. Acknowledge the difficult circumstances while being transparent about the limitations.

Try this:
“I appreciate that your colleagues want to support you, and I understand how difficult this situation is. At this time, we don’t have a formal leave donation policy in place, so we’re unable to accommodate that request.”

Client: Couldn’t we just allow it this one time, informally?

Consultant: Tempting, but risky. Allowing an informal leave donation without a policy creates precedent—and opens you up to favoritism claims or confusion about future requests. If you want to go down that road, it needs to be formalized first.

You can say:
“Because we don’t have a process or policy for handling donated leave, approving a request informally would be inconsistent and potentially unfair to others. If this is something we want to consider as an organization, it needs to be thoughtfully structured.”

Client: What about unpaid leave instead?

Consultant: That’s a reasonable alternative—especially if the need is temporary and the business can accommodate it.

Offer:
“While we can’t approve donated leave at this time, we can explore whether an unpaid leave of absence is possible. Let’s talk about the time you’re requesting and what coverage would look like.”

Client: Should I bring this up with leadership to explore creating a formal program?

Consultant: Absolutely. If employee support and organizational flexibility align, a leave donation policy can be a great addition.

Just make sure it includes:
– Clear eligibility rules
– Documentation and approval procedures
– Limits on donated time
– Privacy protections for recipients and donors

And—make sure it’s reviewed legally before implementing.

Client: How do I explain this to the team if others are asking to donate?

Consultant: Be transparent and consistent. Keep it general to protect privacy, but emphasize fairness and process.

You could say:
“We appreciate the generosity and willingness to support a teammate. Right now, we don’t have a policy in place that allows donated leave, and we need to be consistent across the organization. If we explore a policy in the future, we’ll be sure to communicate with everyone.”

Client: Got it. So, I can be kind without being inconsistent.

Consultant: Exactly. Empathy doesn’t require bending policies you don’t have. Offer what’s available, be honest about what’s not, and if there’s organizational interest in creating a program—move it forward the right way.

Recap:
✔ Acknowledge the request with empathy
✔ Say no clearly when there’s no policy
✔ Avoid one-time exceptions—they create risk
✔ Offer unpaid leave when appropriate
✔ Bring up policy development if it fits your culture

And if you need help drafting a leave donation policy or managing complex leave requests—we’re here to support you.

Client: I’ve got an employee who’s used up all their vacation and sick leave—but now they’re asking for additional time off to go on a vacation. I don’t want to be the bad guy, but this doesn’t sit right with me. How do I handle it?

Consultant: This is where boundaries meet fairness. When someone has used all their available leave, asking for more—especially for vacation—can create ripple effects. The key is to separate empathy from enabling and base your response on consistency and policy.

Client: So, what do I say without sounding harsh or unsupportive?

Consultant: Acknowledge the request and hold the line on the policy.

Try:
“I understand you’d like to take time off, and I want to support work-life balance. At the same time, you’ve used all of your accrued leave, and we can’t approve additional time off at this point.”

Client: What if they ask to take it unpaid?

Consultant: That’s a fair question—and it depends on your organizational policy. Some workplaces allow unpaid time off with approval; others don’t. What matters is being consistent.

You might say:
“We generally don’t approve unpaid time off for vacation when all leave has been used. If there’s a compelling reason, I can take it under consideration—but we also need to balance the operational impact.”

Client: What if they say they already booked the trip?

Consultant: That’s a ‘planning on permission’ move—not a best practice. You’re not obligated to accommodate it. Be firm.

Say:
“I understand the trip is already planned, and I wish the timing were different. Unfortunately, advance bookings don’t override our leave policies. If we allow this, it sets a precedent we can’t sustain.”

Client: Could I offer a compromise, like working extra hours to ‘make up’ the time?

Consultant: Only if it aligns with policy, job duties, and fairness to others. Allowing someone to bank time might be fine in salaried-exempt roles, but it’s riskier for hourly employees.

Try:
“We don’t have a flex system that allows ‘making up’ full days in advance. Leave policies are structured to ensure fairness, and we need to apply them consistently.”

Client: What if this turns into a morale issue?

Consultant: Sometimes saying ‘no’ causes frustration—but saying ‘yes’ causes confusion and resentment from others. Be clear, fair, and direct.

You might also preempt concerns by saying:
“We value time off, and we’re committed to managing it fairly. If someone needs additional time, they can plan ahead or save leave for future use. That ensures everyone’s treated equitably.”

Client: So, the message is—‘We care, and we also have to follow the rules’?

Consultant: Exactly. Supportive doesn’t mean soft. You can respect the request without approving it—and reinforce that policies exist to protect fairness and operations.

Recap:
✔ Acknowledge the request without guilt
✔ Review policy before responding
✔ Say no clearly if it’s not supported
✔ Offer limited flexibility only if consistent and operationally sound
✔ Reinforce fairness and planning going forward

And if you need help refining your time-off policies or communication strategies—we’re here to support you.

Client: We just filled a position, and one of the internal candidates who wasn’t selected is now refusing to help onboard the new hire. They’re clearly upset, and it’s creating tension. How do I handle this?

Consultant: Ah, the classic case of post-interview pouting. Internal applicants who aren’t selected may feel embarrassed, overlooked, or even betrayed—especially when expected to train the person who did get the job. Still, disappointment can’t excuse unprofessional behavior. Let’s get ahead of this before it festers.

Client: I get that they’re hurt, but refusing to onboard the new person is hurting the team. What should I say?

Consultant: You’ll want to acknowledge their disappointment, while resetting expectations for their role. Stay calm, clear, and constructive.

Try:
“I understand this outcome was frustrating, and I appreciate your interest in the position. That said, part of your current role includes supporting onboarding efforts, and I expect you to follow through on that responsibility. Let’s talk about how you can do that professionally.”

Client: What if they say they don’t want to train the person who got the job they wanted?

Consultant: That’s honest—and not optional. They don’t have to like it. They do have to do it.

You could say:
“You’re entitled to feel disappointed, and you’re still responsible for fulfilling your duties. Onboarding isn’t a personal favor—it’s part of your job.”

Client: What if I didn’t give them feedback about why they didn’t get the job? Could that be part of the issue?

Consultant: Very likely. Internal candidates deserve timely, honest, and constructive feedback. If that didn’t happen, now’s the time.

Try:
“I realize I didn’t provide feedback after the decision was made. Let’s have that conversation now so you can understand what went into the choice—and what to focus on for future opportunities.”

Client: What if they’re passive-aggressively undermining the new hire?

Consultant: That’s a red flag. Document it and address it directly.

Say:
“I’ve observed comments and behavior that are making onboarding more difficult. That’s not acceptable. I expect you to contribute to a professional, welcoming environment. Let’s talk about what that looks like moving forward.”

Client: What if they just need time to cool off?

Consultant: That’s fine—as long as the work still gets done. If they need space, offer it. If they’re avoiding responsibilities, that’s a separate conversation.

Offer:
“If you need some time to process this, let’s talk about how we can support that while still meeting onboarding needs. The work can’t pause, but we can find a way forward that’s fair to everyone involved.”

Client: So, the key is to acknowledge the disappointment, hold them accountable, and course-correct behavior?

Consultant: Exactly. You don’t have to rescue their feelings—you just have to lead with clarity and fairness. The goal is professionalism, not perfection.

Recap:
✔ Acknowledge the disappointment
✔ Reinforce expectations—onboarding is part of their role
✔ Offer feedback if it was missing
✔ Don’t tolerate sabotage—document and act
✔ Balance empathy with accountability

And if you need help navigating the tough conversation—or crafting internal feedback and onboarding protocols—we’re always here to support you.

Client: I’ve offered flexible work hours to support my team, but I’m starting to feel like one employee is stretching that flexibility a little too far. They’re not around when I need them, and some of their work is slipping. How do I address this without micromanaging?

Consultant: That’s a fair concern. Flexibility is a great tool—but only when it’s paired with accountability. Let’s walk through how to address this while keeping trust and performance in balance.

Client: Okay, so how do I bring it up without sounding accusatory?

Consultant: Start by focusing on outcomes, not hours. Look for patterns: missed deadlines, unavailability during critical hours, or team disruption. Then, frame the conversation around shared expectations.

You could say:
“I want to check in on how your schedule is working. I’ve noticed a few times when communication or project timelines have slipped, and I want to make sure we’re aligned on expectations.”

Client: What if they say they’re still working the same hours, just on their own time?

Consultant: That might be true—and still not working. Flexibility doesn’t mean invisibility. There has to be shared structure.

Try:
“I appreciate you managing your time, and we also need overlap for collaboration and responsiveness. Let’s talk about what availability looks like moving forward so we can support the team and get things done.”

Client: Should I start monitoring when they’re online or clocking in?

Consultant: Not unless they’re in a non-exempt role that requires it. Focus on the work, not the clock.

You can say:
“I’m not here to monitor hours—I’m here to make sure the work gets done and that everyone feels supported. Let’s figure out how we can make this schedule work for both you and the team.”

Client: What if nothing changes after the conversation?

Consultant: Then you need to escalate. Flexibility is earned and maintained by meeting expectations. If they’re not meeting them, it’s okay to rein things in.

You might say:
“We’ve discussed expectations, and I’m still seeing missed deadlines and inconsistent availability. At this point, we need to shift to a more structured schedule to ensure work is completed consistently.”

Client: What if the employee pushes back or says I’m treating them differently?

Consultant: That’s why consistency and documentation matter. If everyone else is thriving under the same structure, it’s reasonable to expect the same from them.

You can reinforce with:
“The flexibility we offer is built on trust and results. This isn’t about comparison—it’s about making sure we all meet our responsibilities.”

Client: So, I don’t have to cancel flexibility for the whole team?

Consultant: Not at all. Address the individual issue. Protect the policy by managing how it’s used—not removing it because one person isn’t holding up their end.

Client: This really helps. So, the key is expectations, outcomes, and fairness?

Consultant: Exactly. Flexibility is a tool—not a loophole. Lead with clarity, manage through performance, and stay consistent. If flexibility stops working, it’s okay to change the arrangement.

Recap:
✔ Define what flexibility means in your organization
✔ Focus on outcomes, not hours
✔ Revisit expectations early, not after frustration builds
✔ Adjust the individual schedule if necessary—don’t punish the group
✔ Document and follow up

And if you need help navigating those conversations—or crafting a flexible work policy that works for everyone—we’re always here to help.

Client: I have an employee returning to work after an injury, but I’m concerned they aren’t fully healed. They say they need the money, but I don’t want them to get hurt again. What should I do?

Consultant: You’re in a tough spot. You want to support your employee’s financial needs while ensuring their health and safety. The key is to follow medical guidance, maintain compliance with workplace safety laws, and find a solution that protects both the employee and the company.

Client: They say they’re fine, but I can tell they’re struggling. Can I stop them from coming back?

Consultant: If they’ve been cleared by a medical provider, you can’t automatically prevent them from working. However, you can require proper documentation and ensure any restrictions are followed.

Try this:
“I appreciate that you’re eager to return, and we want to make sure you do so safely. We’ll need a doctor’s note confirming any work restrictions or modifications needed to prevent further injury.”

This keeps the conversation focused on safety, not their financial situation.

Client: What if they refuse to provide a doctor’s note?

Consultant: If the injury required medical leave, you have the right to request return-to-work documentation. Without it, you can’t confirm they’re fit for duty.

You might say:
“For your safety, we need documentation from your doctor clearing you for work and outlining any restrictions. Until we have that, we need to hold off on your return to ensure you’re protected.”

This keeps the responsibility on them to provide medical clearance.

Client: Their doctor cleared them, but I can see they’re struggling with tasks. What do I do?

Consultant: If they’re visibly struggling, check whether their restrictions are being followed. If they don’t have restrictions and are still having difficulty, a follow-up medical evaluation might be needed.

Try this:
“I see that some tasks seem to be causing discomfort. Are you feeling okay doing this work, or do we need to revisit accommodations to ensure your safety?”

This allows them to acknowledge struggles without feeling pressured to push through pain.

Client: What if they admit they’re struggling but don’t want to reduce hours or take time off?

Consultant: Work with them to find a temporary modification that keeps them working safely. If applicable, offer light-duty tasks that align with their doctor’s recommendations.

You might say:
“We want to support your return while making sure you don’t risk re-injury. Let’s review what tasks we can adjust to make this transition smoother.”

This helps them keep earning while reducing the risk of further harm.

Client: What if they insist they can do everything, even though I can tell they’re pushing themselves too hard?

Consultant: If they’re exceeding documented restrictions or showing signs of strain, address it proactively.

You could say:
“I appreciate your commitment, and I know you want to be fully back. However, I need to ensure we’re following the medical guidelines. Let’s check in with your doctor to make sure we’re staying within safe limits.”

This reinforces that safety is the priority—not just their willingness to work.

Client: So, the key is to follow medical guidance, offer adjustments if needed, and not let financial concerns override safety?

Consultant: Exactly. Support the employee, and ensure they aren’t putting themselves at risk. A structured return-to-work approach protects both their well-being and the company.

And if you need help structuring accommodations or compliance reviews, we’re here to assist.

Client: I have an employee who never takes responsibility for mistakes. Anytime something goes wrong, they blame someone else or make passive-aggressive comments. How do I address this without making the situation worse?

Consultant: Dealing with passive-aggressive behavior is frustrating because it’s indirect, and it disrupts the team. The key is to focus on accountability, set clear expectations, and not get drawn into their deflections.

Client: How do I even start the conversation without them getting defensive?

Consultant: Approach it factually and keep emotions out of it. Focus on behaviors, not intentions.

Try this:
I’ve noticed that when issues come up, there’s a pattern of shifting blame instead of focusing on solutions. I want to talk about how we can improve communication and accountability moving forward.

This frames the conversation around team success rather than personal criticism.

Client: What if they deny it or make excuses?

Consultant: Passive-aggressive employees often avoid direct confrontation, so they may try to deflect. Instead of arguing, redirect the focus to expectations.

You might say:
“I’m not here to debate the past. What I need to see moving forward is ownership of responsibilities and a solution-focused approach when mistakes happen.”

This makes it clear that accountability is the expectation.

Client: What if they keep pointing fingers at their coworkers?

Consultant: Don’t engage in the blame game. Instead, shift the focus back to their role.

Try this:
“I hear that you’re frustrated, and I expect everyone to work together. Regardless of what others do, I need you to take responsibility for your own work and how you respond to challenges.”

This sets a boundary while keeping the conversation professional.

Client: What if they respond with sarcasm or passive-aggressive comments?

Consultant: Call out the behavior in a neutral way and reset expectations.

You could say:
“I want to keep this conversation productive. If something isn’t clear, let’s talk about it directly so we can find a solution together.”

This puts the responsibility on them to engage in a real conversation instead of hiding behind sarcasm.

Client: What if their behavior doesn’t change?

Consultant: If the pattern continues, you need to set formal expectations and document the issue.

You might say:
“We’ve talked about this before, and I’m still seeing the same behaviors. Moving forward, I expect accountability and professionalism. If this continues, we’ll need to take further steps to address it.”

This makes it clear that there are consequences for ongoing behavior issues.

Client: So, the key is to stay neutral, set expectations, and not engage in their deflections?

Consultant: Exactly. Stay direct, don’t take the bait, and focus on accountability. Passive-aggressive behavior thrives on avoidance—clear expectations and follow-through will help shift the dynamic.

And if you need help structuring a formal performance discussion, we’re here to support you.

Client: I have employees coming to me saying their pay isn’t fair compared to their coworkers. I know I can’t discuss individual salaries, but I also don’t want to create more tension by shutting them down. How do I handle this?

Consultant: Pay concerns can be tricky because they tap into emotions, perceptions of fairness, and workplace morale. The key is to acknowledge their concerns, provide general transparency about how pay decisions are made, and redirect the conversation toward their own growth opportunities.

Client: What do I say if they demand to know what their coworkers make?

Consultant: Keep it professional and firm. Confidentiality around salaries is non-negotiable. You can still provide reassurance about the fairness of your pay structure.

You might say:
“I understand that pay fairness is important, and I want to assure you that we follow a structured approach when determining salaries. While I can’t discuss anyone else’s pay, I’m happy to go over how pay decisions are made and what opportunities exist for growth in your role.”

This keeps the focus on process and individual development rather than comparisons.

Client: What if they say they know a coworker makes more for the same job?

Consultant: Employees sometimes hear about salaries through informal conversations, and that information isn’t always complete or accurate. Instead of debating, steer the conversation toward what they can control.

Try this:
“Pay is determined based on a number of factors, including experience, skills, and tenure [specific to your pay policy]. I want to focus on your pay and career path. If you’re interested in ways to grow within the company or increase your earning potential, let’s discuss that.”

This shifts the discussion from comparison to action.

Client: What if they don’t accept that answer and insist it’s unfair?

Consultant: Some employees may not be satisfied right away, and that’s okay. Reinforce that pay structures are reviewed regularly to ensure fairness.

You might say:
“I understand your concerns, and I want to make sure our pay practices are competitive and fair. While individual salaries are confidential, we regularly review our pay structure to ensure consistency. If you’d like, we can talk about what skills or performance benchmarks are used to set or change pay.”

This reassures them without making promises or disclosing confidential information.

Client: What if their frustration starts spreading to the rest of the team?

Consultant: Pay concerns can quickly become a morale issue if employees feel unheard. Proactive communication about how pay decisions are made can help.

Consider sharing general information with the team, such as:
✔ How salaries are determined (without individual details)
✔ How performance or skills impact raises, if they do.
✔ What career growth opportunities exist

You might say in a team setting:
“We know that fair and competitive pay is important, and we have structured processes to ensure consistency. If anyone has questions about career growth or pay progression, I encourage you to have a conversation with your manager.”

This reinforces transparency without opening a debate.

Client: What if their concern is valid and there is an issue with pay equity?

Consultant: If their concern exposes a legitimate issue—such as pay discrepancies that aren’t based on objective factors—you need to address it. Conduct a pay equity review and, if necessary, make adjustments.

If you do find an issue, you might say:
“We regularly review pay to ensure fairness. Based on that review, we’re making adjustments where needed. Our goal is always to have a fair and competitive pay structure.”

This shows that you take concerns seriously while handling adjustments professionally.

Client: So, the key is to acknowledge concerns, reinforce the pay structure, and redirect to individual growth?

Consultant: Exactly. Employees want to feel heard and valued, and addressing pay concerns professionally—without violating confidentiality—helps maintain trust and morale.

And if you ever need help reviewing pay structures or handling tough conversations, we’re here to support you.

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.