So you’ve hired someone who just isn’t working out. Maybe you’ve gotten to the point where you have no energy left in their success. They’ve screwed up one too many times and you are so over it. Or maybe they did one thing. One nightmarish, detrimental-to-your-business type of thing that has you equal parts confused and homicidal.
I’ve been there. Most managers have been there. The question on the table is: can I fire this person, yes or no.
If you Google this, you’ll get a whole lot of “it depends.” To simplify matters for the sake of small business owners everywhere, here’s a list of questions to ask yourself. If you answer an unequivocal yesto all of these, I’d recommend moving toward termination of employment.
- Do you have proof that this guy screwed up? Is it pretty damn solid? Like in writing, on camera, witnessed by multiple people, etc.?
- Did this guy know your expectation already, and do you have proof of that? i.e. did he violate a policy that he received and signed off on in orientation? Or maybe he attended a class that outlined this expectation?
- Have you already talked to this guy about this particular type of problem? Did you say to him “Hey Guy… this is not okay, here’s why. Don’t do it again please or else you’ll get fired.”
- Did you document that conversation?
- Are you following your own policies? i.e. if you have a “3 strikes and you’re out” policy, is this the third strike — not the first, second, fifth, or ninth?
- Are you being consistent in your handling of this same performance issue? Has every other person who’s ever done this same thing — and/or who will do this same thing in the future — been treated the exact same way?
- Can you swear to me, and to whatever god or gods you believe in, and to a jury of your peers, that this termination of employment has nothing to do with this person’s age, color, race, gender, gender identity, sexual orientation, national origin, pregnancy, disability, whistleblower status, or union status?
If you answered yes to all of these, you may go forth with my blessing (for whatever that is worth to you, since I’m basically a stranger on the internet). You may also want to call a lawyer.
If you answered no to even one of those questions, you need to take a step back. This does not mean you can’t fire the guy. It means you need to do more work.
Do not make this decision in a vacuum with no feedback from anybody else. Call upon trusted advisors who can be counted on to keep things confidential.
— Rachelle Elliott, MS SPHR
Not a lawyer; not legal advice.
