The Know-How on Firing an Employee

Firing an employee can be tricky — here's what you need to know about employment termination.

Firing an employee can be tricky — here’s what you need to know about employment termination.

It can be difficult to dismiss an employee, but for employers that day will inevitably come. Taking all the proper steps ensures a smooth parting of ways while also safeguarding your employee’s rights. For expert insights, we consulted with John Leschyson, director of industry human resources development at Go2 Tourism HR Society; Bob Wright, founder of the Oak Bay Marine Group; and Brian Bemmels, a professor in organizational behaviour and human resources at UBC’s Sauder School of Business.

 

Be fair

Make sure you give an employee a chance to explain before lowering the axe. “We all make mistakes; I’m no exception,” says Wright. “I’m a great believer in mentoring your people. I believe in the three-strike process: the first time they get off track, I sit them down and show them where they went wrong and tell them that with responsibility comes accountability. The second time, you write them up, and on the third strike, they’re out.”

 

What’s the problem?

Assessing the severity of an issue with an employee is the first hurdle. “There are two general categories,” says Leschyson. “One is where the employee has done something so problematic that it warrants immediate termination. The other more problematic and onerous process is when there’s not a breach but rather when it is ongoing behavioural issues or the person is simply not performing up to expectations for some period of time. That’s when a company really benefits from having a good process in place.”

 

And then what?

Having a proper dismissal policy can help employers deal with troublesome staff. “Typically, you start with a verbal warning, and if that behaviour persists, then it’s a written warning, and in that you have to be very clear what the expectations are and what the breach in those expectations is,” Leschyson explains. “My word of caution is if and when you get to the [dismissal] point, you really do want to consult with an HR person or a lawyer to make sure that you’re doing it in accordance with the Employment Standards Act.”

 

Is it necessary?

Be absolutely sure the employee’s performance can’t be turned around. “We’re in a pretty significant labour shortage, whereas five or 10 years ago you might have gotten to that termination process fairly quickly because you had more people to hire to replace them quickly,” says Leschyson. “I would counsel managers to put a lot more emphasis on the coaching component of this process and ensuring they’re doing whatever they can to get that person turned around. It’s very difficult to replace people today.”

 

What works for you?

Tailor your tolerance to the situation at hand. “Too often managers don’t inform employees of the problem: they just at the last minute say, ‘We don’t like your performance, it’s too poor and we’re going to fire you,’” says Bemmels. “It’s hard to give people a negative performance review – supervisors just don’t like to do it and it makes everybody very uncomfortable – so they tend to not do it and employees don’t get the message.”