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Fearless Firing
To make the best of a bad situation--and avoid legal repercussions--lawyers advise following these steps:
EVALUATE THE PROBLEM
Figure out if performance is really the issue. If it's not, the risk of a successful suit is far greater.
GIVE FAIR NOTICE
Don't add insult to injury with an immediate firing, unless the situation involves an illegal act or threats to other employees' safety.
CREATE A WRITTEN RECORD
Maintain a log of all problems. Devise written goals and a timetable for meeting them. Make sure all memos are signed for as received and filed.
KEEP IT SHORT
Keep your comments during the actual firing general and respectful. Give the employee a chance to vent feelings. Then, focus on practical information, like continuing health benefits and severance pay.
DON'T PROCRASTINATE
Once the warning period expires, take action if the stated goals haven't been reached.
DO IT IN PERSON
Nothing provokes a desire to sue like a firing by memo or E-mail.
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