Ready To Fire?

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.