Can I Fire This Guy? He’s The Worst.
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 thing that has you equal parts confused and homicidal.
I’ve been there. Most managers have been there. And I’m sorry to say, this probably won’t be the last time. 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”. And that’s the truth. It does depend. But what exactly, does it depend on? It depends on a lot of legal stuff, risk management stuff, and a lot of stuff that is particular to the state in which you’re doing business.
But to simplify matters for the sake of small business owners everywhere, I’m going to give you a list of questions to ask yourself. If you answer an unequivocal Yes to all of these questions, I’d recommend moving towards 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? ie 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 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? ie if you have a “3 strikes and you’re out” policy, is this the 3rd strike? Not the first second or 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 will do this same thing in the future… get treated the exact same way? You’re planning to fire them all. Literally all of them.
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 to get their blessing if that is your practice in your company. Present to that lawyer all of the documentation you considered in the 7 steps above.
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. You need additional consultation, you need additional documentation, additional investigation.
If you’re concerned about having the employee in the workplace, you can put them on paid leave while you conduct an investigation yourself, or hire one done.
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. Your HR and/or legal department would usually serve this purpose if you were part of a big corporation. As a small business owner, you have to build this network for yourself.
As always, feel free to reach out with questions, or if I can be of help to you and your business!
Rachelle Elliott MS ,SPHR
rachelle@thrivehrstudio.com
*I’m not a lawyer, this blog article does not constitute legal advice. If you have a legal concern please contact your attorney. Thrive HR Studio is a Human Resource Consultancy that deals specifically in matters of the employment relationship. I work in partnership with you and/or your attorney to ensure appropriate systems are in place.