Request a call Login

  • As a small business owner, you have plenty of responsibilities. Some of these tasks are unenjoyable because they’re time-consuming or confusing, but there’s one particular job that’s unpleasant for everyone involved: disciplining employees.

    Whether it’s a minor transgression or a fireable offense, disciplinary discussions are as important as they are difficult. It’s essential that leadership tackles these issues head-on to address incidents and prevent future problems, but employers shouldn’t go into these discussions without a plan. Thankfully, progressive discipline policies give small businesses the direction they need to appropriately handle these unfortunate situations.

    What Is A Progressive Discipline Policy?

    Simply put, a progressive discipline policy is a process designed to address and modify actions or behaviors that are unacceptable in the workplace. These steps allow employers to make a good-faith effort to help employees learn from mistakes and give them a chance to meet certain standards. These expectations are spelled out through three core components:

    • Definitions – A set of clearly defined definitions and examples of what constitutes as unacceptable workplace behavior.
    • Consequences – Thorough descriptions of what how enemies will be disciplined for unacceptable behavior and how these actions can escalate to termination.
    • Resources – Details on who employees can go to with any issues, concerns, or questions.

    A progressive discipline policy allows employers to address not only conduct concerns, but also performance issues. A good policy gives management clear steps to correct individual and repeat problems, all while documenting these episodes for both the employee and employer. Having this type of policy in place provides multiple benefits for your small business.

    You set the ground rules for everyone

    A good policy allows your business to make performance and conduct expectations clear and spell out the consequences for not meeting those expectations. This information gives everyone the knowledge they need to meet and exceed working standards.

    You collect the necessary information for ending an employee relationship

    Termination is not an easy decision. A progressive discipline policy gives employers the means to fairly and objectively make this call by documenting how employees didn’t make the necessary improvements over time and outlining the repeated offenses.

    You protect your business

    A progressive discipline policy serves as more than just guidelines for improving employee behavior. An existing policy gives businesses evidence to back your decisions if an employee files a discrimination complaint or claims their termination was unfair. That existing document in your employee handbook can play a key role in mitigating risk in the future.

    The Four Key Steps For A Progressive Discipline Policy

    One of the key parts of any progressive discipline policy are the steps management should take to properly address offending employees. These steps range from initial notification all the way to termination, giving employers the means to both work with employees and document efforts to correct problematic performance or actions.

    1. Verbal warning

    The first step is to officially inform the employee about what they have done wrong. Meet with the offending employee in a confidential meeting to break down how they either haven’t met performance standards or displayed bad behavior. This conversation immediately sets your expectations and lays out next steps for the employee to recognize the issue at hand and correct it.

    While the warning is verbal, it’s still important to document the event to officially put the employee on notice. If possible, have an HR representative in the meeting to provide added support and provide backup. You’ll also want to create a document that includes a few key details:

    • When you gave out the verbal warning (including both the date and time of meeting).
    • The reason for the warning and what was discussed in the disciplinary meeting.
    • The next steps that both sides agreed to during the meeting.
    • Who was present in the meeting.

    2. Written warning

    If a verbal warning isn’t enough to improve performance or curb bad behavior, it’s time to present your concerns in writing. This formal written warning should include details on the policy and specifics on how the individual violated company rules. This document should also include expectations on how to correct the offense, what will happen if the employee is non-compliant, and the date you presented the written warning.

    As with verbal warnings, this meeting should be confidential and everyone involved must sign the form acknowledging the discussion. One difference is that you should also give the employee the opportunity to assess their own behavior on the written document. Let the employee know that signing the form isn’t an admission that they agree, just evidence that the discussion took place and that they are accountable for future corrective action. Once everyone on hand signs the form, you can add it to the employee’s personnel file.

    3. Final warning

    The final warning is very similar to doling out a written warning, except that it should be clear that this meeting is the employee’s last opportunity to comply with expectations.

    Once again, present a dated document that restates the policy in question, what they did wrong, and what must be done to correct this behavior. The key difference is that this document should clearly indicate that this meeting is a final warning and future noncompliance will result in the employee’s departure from the company. Once the form is signed by everyone on hand, add it to the same file as the rest of the warnings.

    4. Termination of employment

    If all three previous steps don’t work, it’s time to let the employee go. Meet with the offending employee and notify them that they’re no longer a part of the company. You should present this individual with a written, dated termination notice and save a copy for the company’s personnel records. Everyone present for this meeting should also sign this document.

    This meeting also serves as the right time to wrap up any tasks required to finalize the termination. You’ll need to inform the departing employee about what to expect in terms of receiving their final pay, which can depend on your state’s requirements. You’ll also need to collect and company property from the employee, which can include keycards, laptops, and other items or equipment. Once the employee retrieves any personal items, immediately change any relevant passwords and restrict prior access to company systems.

    Improve Employee Performance and Limit Risk with a PEO

    Your workers are your greatest asset, but that doesn’t make employee performance management any easier. Everything from creating thorough progressive discipline policies to conducting performance reviews not only takes time, but also has a major impact on your business’ success.

    The good news is that you don’t need to take on these responsibilities alone. GMS partners with businesses to take on the administrative burdens associated with managing employees, saving you precious time and protecting. Contact GMS today to talk to our experts about how we can save your time, money, and headaches through professional performance management.

  • Terminating an employee is an unfortunate, yet sometimes inevitable aspect of running a successful business. For a small business, where owners and employees often think of themselves as a “family,” terminating an employee can be an especially difficult decision. When the employee who is being terminated and the owner or manager have a long work history and possibly even a personal friendship, the situation can become even more charged. As a business owner, it’s important not to let personal feelings get in the way of making sound business decisions.

    terminated employee packing desk

    Signs It’s Time to Part Ways with a Long-Time Employee

    Many employees can thrive in their careers working decades for the same employer. Long-term employees who continue to provide value to your business have deep knowledge about your products, services, systems, and business structure and are certainly worth holding onto.

    Sometimes, though, even employees with long tenures at an organization can create difficulties that can be draining on a business. Although sometimes difficult to admit, if you’re honest with yourself, you may already have an idea of who these employees are. Long-term employees who have overstayed their welcome typically exhibit the following traits:

    Obsolete skills

    It often becomes clear that a long-term employee hasn’t taken responsibility for their career or training when they don’t actively seek out new information or express little if any curiosity about their industry or profession. A noticeably stale skill set is often one of the first signs it’s time to let a long-term employee go. These employees often have an outdated mindset and little, if any knowledge of current best practices. They only know what they’ve learned early in their career and have continued with those same processes for years, sometimes for decades.

    Resistance to change

    As industries and technology evolve, so should a business. A resistance to change could be holding your company back from operating at its full potential. You could be missing out on key opportunities to reach new markets or create innovative products or services. When an employee is perfectly content maintaining the status quo, it could be a sign that it’s time to move on.

    These types of employees tend to be champions of old systems and familiar processes. You may often hear them say things like, “This is how we’ve always done things.” When employees are constantly undermining change and new or progressive initiatives, it’s typically a clear indication that it’s time to let that employee go.

    Defensive attitude

    Long-term employees may be painfully aware of their dwindling value within a company. As a result, they may feel threatened over particular aspects of the job. These types of employees may become defensive when questioned or having to justify their processes. They might even undermine or sabotage new hires by hoarding information or dismissing a new hire’s ideas or skills.

    Slower productivity

    Long-term employees may no longer have the skills or capabilities to efficiently produce high-quality work or work quite as fast as their peers. As a result of not having the appropriate skills for their position, long-term employees may try to compensate by working long hours and weekends. These types of employees often claim they are overworked and may even be too busy to attend meetings. They’re critical of co-workers who have a life outside of work and don’t put in extra hours. They may even see themselves as company martyrs and call out co-workers who don’t spend as many hours working.

    Overcompensated

    Often, long-term employees have incurred higher salaries over their tenure that can weigh heavily on a company’s bottom line. Of course, long-term employees who continue to provide value and have experienced growth within your organization are likely deserving of a higher paycheck. However, it can be harder to justify when a long-term employee’s salary and title is grossly inflated to reward them for their tenure when it doesn’t correlate with the value and skills of other employees.

    How to Terminate a Long-Term Employee

    When it comes to terminating a long-term employee, much of your usual termination process will be the same. However, there are some special considerations to keep in mind when firing a long-time employee.

    Review past performance

    Termination can certainly come as a shock to an employee, especially one who may have felt secure in their tenure with a company. You’ll want to ensure due diligence by reviewing past performance reviews and feedback. If the employee has only ever received positive feedback, you may want to wait until you can provide some honest feedback and evidence of negative performance. An employee performance review is an optimal time to set goals and expectations for an employee, identify areas for improvement, and provide resources for training. You may notice signs like resistance to change or a defensive attitude during this time.

    Terminate long-term employees in person

    When it’s clear that a long-term employee can no longer provide value to your organization, it’s time for termination. When firing a long-time employee, be sure to give them the news in person if possible. Not only is face-to-face firing the right thing to do, it can also help keep your remaining workforce strong, especially when losing a long-time colleague.

    Be transparent with your remaining employees

    Speaking of your existing workforce, you’ll also want to take into consideration how you communicate the termination to the rest of your team. The “loss of a colleague can send shockwaves—and extra workload —across the company. By firing someone, you’re asking everyone around them to take the news and the extra work in stride,” says Piyush Patel, author of Lead Your Tribe, Love Your Work: An Entrepreneur’s Guide to Creating a Culture that Matters. While transparency is key, you’ll want to focus less on the negatives and more on the positives. Leverage this as an opportunity to bring your team back together, understanding that additional tasks may fall onto your employees as a result of the loss.

    Don’t fire employees by yourself

    It’s also a good idea to have another person, such as an HR representative, in the room to serve as a witness when terminating an employee. There’s always a chance that your former employee may try to accuse you of an unjust firing, such as age discrimination. Having an HR representative in the room can help you stay on track and avoid any potential legal issues.

    Severance pay

    While post-termination severance packages are most commonly associated with executives, they have now become more widely extended to long-term employees. According to a Manpower Group survey, 75 percent of companies have a formal severance policy in place because “severance is one of the keys to ensuring a difficult action has the best possible positive outcome while speeding the return to productivity, profitability, and employee engagement.” Offering severance pay can also help you show appreciation for a long-term employee’s loyalty to your company.

    Terminating a long-time employee may not be enjoyable, but it’s important that it’s done legally and gracefully. Need help creating a termination policy or managing employee performance? Contact GMS today to learn more about our employee performance management services.

  • Employees play a massive part in the success of your company. Of course, this also means that a bad employee can also lead to potential inefficiencies and other issues. 

    Firing an employee is a difficult reality of running a business. While the situation is unpleasant for everyone involved, there are right and wrong ways to go about the termination process. In fact, there are several steps you need to take before, during, and after you fire an employee. Here’s what you need to know to take the right route during the termination process.

    An employee gathering items after being fired by a small business owner. 

    What to Do Before You Fire an Employee

    Firing an employee is typically more than a one-day process. There are several actions you’ll need to take before you effectively terminate an employee to help protect your business and provide proper feedback. Depending on the employee, some of these steps may even help you improve their performance and save you from severing the relationship.

    Distribute an employee handbook

    Long before you plan to fire someone, you should make sure that every one of your employees receives an employee handbook. An updated handbook is an official document that makes the following details very clear for your employees:

    • Company philosophy
    • Conditions of employment
    • Company policies and procedures
    • Compensation and benefits

    Your employee handbook plays an important dual role for your business. First, it’s a great way for new hires to learn more about the rules, perks, and personality of your business. Second, it’s a compliance tool to make sure that your employees know and understand internal policies and grounds for dismissal. Having these rules in place – along with documentation that your employees have received your handbook – will help protect your business in case a fired employee tries to fight their dismissal in court.

    Review past performance reviews and feedback

    Before you decide to dismiss an employee, look back to see what type of feedback he or she has received in past reviews. If your employee has only heard good feedback and received raises that correspond with exemplary performance, a dismissal would come as a huge shock. 

    Not only do employee performance reviews give you a chance to set goals and expectations for an employee, they can also help protect you against claims if you’ve shared feedback indicating that an employee needed to improve. If there are no negative reviews on record, you may want to wait until you can provide some honest feedback. This way your employee may take the review as an opportunity to improve. If he or she doesn’t, you have evidence that both you and your employee knew of the continued poor performance so that you can back up your decision to terminate an employee.

    Document violations and give official warnings

    Like performance reviews, it’s important to have a documented history of any warnings or violations for any employee you decide to fire. Once it has become apparent that an employee’s performance is simply not up to standards, call them into a private space and give that person an official warning.

    It’s important to make sure that this warning is also in writing. While you explain why you’re unhappy with your employee’s performance, there should also be a printed document that the employee can sign so that you can place it in that person’s personnel file. You can also use a performance improvement plan that lists set goals for an employee to achieve within a set period of time (30 days, 90 days, etc.). Either of these options will make it clear exactly why the employee is at risk of losing his or her job and will help you back up your case as to why they needed to be dismissed.

    What to Do On the Day of Termination

    After you’ve taken the appropriate steps to give an employee an opportunity to improve and document reasons for dismissal, it’s time to act quickly and terminate the offending team member.

    Don’t wait for Friday

    While some situations call for immediate dismissals regardless of the day, certain days can be better than others if you can plan ahead. According to The Balance Careers, it’s generally best to try and aim for sometime in the middle of the week to fire an employee, preferably on a Tuesday or Wednesday. 

    Firing someone on a Monday can lead to the terminated employee feeling as though you wasted his or her time waiting until a new week has started. Friday dismissals leave the terminated employee to stew about the decision over the weekend. Aiming for the middle of the week can help mitigate bad feelings in an already difficult situation.

    Fire employees in person

    Firing an employee is already an unpleasant situation – don’t make it worse for the employee by terminating them via phone, email, or some other electronic means. While the experience will likely always be painful, it’s important to be as humane as possible when firing an employee. That approach means giving them the courtesy of hearing the news from you or another appropriate person at your company. 

    Not only is a face-to-face firing the right thing to do, it also looks much better than the alternative. Taking a less personal approach can leave a negative impression for other employees when they learn about the dismissal, especially if someone was friends with the terminated employee. As such, a personal approach can lessen the odds of not only bad reactions from terminated employees, but also any concerns from the coworkers they left behind.

    However, an in-person approach isn’t necessarily feasible if you need to fire a remote employee. While you may not be able to sit in the same room with these people, it’s still good to break the news face-to-face through some form of video conferencing platform.

    Don’t fire employees by yourself

    It’s always a good idea to have another person in the room if at all possible. Whether it’s an HR specialist or another employee, a second person serves as a witness. Unfortunately, there’s a chance that your former employee may try and accuse you of an unjust firing. Having an HR professional in the room can help you stay on track during the dismissal process to avoid any potential issues. Even if you don’t have an HR expert available, a second person gives you another person who can attest to your side of the story in case the former employee makes any false claims during your meeting. 

    Keep it short and simple

    When it’s time to fire someone, it’s best to avoid any small talk and get straight to the point. Tell the person directly that he or she has been terminated. Make it very clear that this decision is final and give very specific feedback as to why you and the company made this decision. 

    As you may expect, this isn’t a happy occasion and the fired individual likely won’t take the news well. However, it’s important to listen to what your former employee has to say to get a better read on how he or she takes the news. Whether they’re angry, sad, shocked, or in denial, continue to repeat the message and treat them with respect.

    This is also the time to cover next steps and what will happen involving their final pay, benefits, and other details. At this point, you’ll be able to discuss any terms for severance pay, extended healthcare, or other benefits if you choose to offer them. You can also ask the individual to sign a release of liability.

    Collect any work-related items

    Depending on your business, you may have provided your former employee with equipment ranging from small supplies to extremely expensive items. You’ll want to collect any company property from them before or during the individual’s last day, unless there’s an agreement in place to allow that person to keep certain goods. These items can include:

    • Keys or key cards
    • Laptops
    • Credit card
    • Cell phone, tablet, or other mobile device
    • Company car
    • Miscellaneous office equipment

    In addition to physical items, you also need to address passwords, codes, or any other means of company access. If certain doors at your company are unlocked by keycodes or other card or keyless means, change those codes. Likewise, either you or someone else at your company should restrict any user access and change any passwords the dismissed employee may use to access your computer network.

    Likewise, your former employee likely has some personal items that he or she will want to take home as well. If you schedule the termination meeting for the end of the day when most of your other employees are gone, the dismissed employee can gather their own possessions without as much fear of embarrassment. Of course, you may want someone there to watch just to ensure that the  employee doesn’t take any company property. You can also ask terminated employees to provide a list of their personal property so that someone else can gather their possessions and return it to them there or someplace outside of work at an arranged time in the future.

    Escort them out and end on civil terms 

    After both parties have collected all the necessary items and are ready to go, it’s time to wrap up the termination meeting. Personally walk the individual to the exit and wish him or her well in the future. The dismissed individual may not be in the best mood, but it’s good to part ways on a gracious note.

    What to Do After You’ve Fired an Employee

    While the hardest part of the termination process may be over, your job isn’t quite done. There are still some very important tasks to finish that involve updating everyone else in your team and protecting yourself in case the fired employee decides that the matter isn’t over just yet.

    Inform the office

    While it may seem easier to not address the departure of an employee, it’s best to be honest to your team. If you don’t say anything, other employees may lose trust in management and start to fear that there are more dismissals in store for the future. Word will quickly spread on it’s own, so you can shape the conversation and get ahead of the gossip with a quick message.

    Fortunately, your message to the rest of your company doesn’t need to be long and complicated. Instead simply you’ll want to focus on the following:

    • That the dismissed employee no longer works at your company
    • The transition plan for handling the former employee’s departure
    • That anyone with questions should feel free to speak to you or another relevant person

    Avoid saying that the employee was fired. It’s best to just say that the person in question is no longer at the company and shift toward the future. Also, refrain from making any critiques about the former employee. These comments may not sit well for his or her former coworkers, so it’s best to move forward.

    It’s also important to determine the right method and timing for sharing this information. If you have a smaller company or the former employee workerd with a close group of associates, an in-person company meeting is best. If your company is larger or the former employee didn’t work as closely with others, a termination email should be enough to suffice. You can also hold an in-person meeting with closer associates and follow up with an company-wide email as well if you want to break the news to a certain group first.

    Reassign duties

    Part of the transition plan for handling your former employee’s departure involves addressing how that employee’s duties will be handled in the short- and long-term future. This can involve delegating who will pick up the slack until you have a more permanent solution in place. If the employee received regular emails or calls from clients or customers, have those messages forwarded to someone else in the organization.

    You also want to be careful about how you split up these duties – you don’t want to make a good worker bitter because she or she has to do the work of two people because of someone else’s dismissal. If you plan to hire someone new or put new processes in place to ease the overall burden of these duties, let your employees know. A bit of transparency will help reassure concerned employees and let them look ahead to the future instead of dwelling on the downsides of the dismissal.

    Be prepared for unemployment claims

    If the employee didn’t sign some form of liability preventing them from doing so, there’s always a chance that they may file a claim against your business. Unemployment taxes can cost your business thousands of dollars, and a claim against your company may lead to even more financial burden. 

    Fortunately, there are ways to protect your business from the claims and unruly taxes. A combination of maintaining good company policies and record keeping can improve your chances of winning unemployment claim cases. It also helps to have a dedicated company like a Professional Employer Organization on your side that can reduce your tax risks and help you fight against unwarranted claims.

    Consider a PEO for Employee Performance and Risk Management

    The firing process isn’t an enjoyable one, but it helps to have trustworthy, experience HR professionals by your side when you do need to dismiss an employee. Group Management Services can help you manage the entirety of the employee lifecycle, including employee recruiting and training, performance management, and unemployment claims management.

    Whether you’re dealing with employees, benefits, or payroll, HR management can eat up the majority of your schedule. GMS can help you take your time back while providing your business with professional services that protect and strengthen your business. Contact GMS today to talk to one of our experts about how we can help you support your business.