Dealing with firing someone when you have a small business

Dealing with firing someone when you have a small business. Not only is the process of firing someone hard, but also there are also legal steps that need to be considered. This is in order to stay within the restrictions that are set up in your state for working.

Firing someone whether in large or small business is a process that has steps. The reason being that whether you are in a "Right to work" state or not. There are things that could end up in a lawsuit or unemployment claim. This can end up costing the company a great deal of money.

Here are some steps that can help to prevent unnecessary expenses for the small business.

1. Make sure that from the very beginning there is a proper expectation set for the work practices, the job duties, the schedule and the company policies. Then it is important to make sure that these policies, practices, and procedures are posted in several different forms. Here are some ways to get this information to the employee.
a. An employee handbook. Even small businesses can make a small book with the basic policies and procedures.
b. Through training sessions that have signed documentation that the information was received.
c. Posted schedule and expectations.
2. When you know you have done everything possible to set the expectations, goals, procedures etc. Then it is time to maintain consistency with these rules. If you start to see a reason that you would need to fire an employee. It is a good idea to start a disciplinary process's. This process can take no time at all or up to several weeks. This is dependant on what expectations are set on the different severities of the actions.
For Example:
An employee may have an attendance issue. This is an issue that they miss work 3 times per month. However, they have decent excuses and call in before their shift. Well this is not something that you want to have happen. However, it is something that you might be able to change. This would take more time to fire an employee for. Unless the attendance process you produced said that there was less than three absences allowed.

However if the same employee did not call in, and did not show up each of those times, then it would be a no call no show. This could be an immediate termination that would be considered voluntary. Basically depending on company policy. However, this would be a safe judgment for termination. However it would be up to the policy, whether it states there are grounds for immediate termination, or if the employer wants to allow leniency.

Though there are other things like violence that are ground for immediate termination.
3. Once you know the disciplinary time frame you are looking at, it is important to follow that time frame per the policies. This way you will prevent problems with unemployment etc. Though, there are times that paying unemployment is something you want to do for an employee, that you need to let go for one reason or another. Whichever the case is. It is important to keep written documentation of these steps. The basic process for disciplinary actions would look something like this. Keep in mind though that depending on the severity, this could be as much as the immediate termination.
a. Verbal warning
b. First written warning
c. Final warning
d. Termination
4. After you have taken these steps and have documented everything properly. Then the termination process is rather simple. However, keep in mind it can be somewhat emotional. So keep empathy, and your thought process ready.
5. Do the termination in private with a co-worker on your level if possible.
6. Explain the reason for termination.
7. Explain what the process will be for them to leave.
8. Then ask the employee if they have any questions.
9. Empathy and sorrow are two different things. If you were not justified in terminating that employee's employment, then you would not be doing it. Do not feel sorry for what you are doing. You can have empathy for the person in the situation they are in though.
10. Walk the employee out. IF there is going to be an issue, it is usually going to be at that time. Walking the employee out will prevent any issues for the most part.

This is the safest way of firing an employee when you have a small business. Always keep in mind that no matter the situation, professionalism is the key in all business matter. The same goes for terminating someone.

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