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How to Legally Terminate an Employee

April 19, 2010 | In: Career


You did your best as a manager but you can no longer delay the inevitable. You know you need to fire one of your staff, so do it. Just make sure that you follow the correct protocol so your company would not be at risk of any lawsuit.

First, read the company’s SOP regarding termination of employees. You may also read on local labor laws just to make sure you are following the right procedures. If your company is big, you can consult from your HR and legal department on what to do.

Next, call the attention of your employee. Have a one-on-one discussion on their performance. Document their behavior and make sure that you put everything that has been said in writing. At this stage, you are still giving the employee a last chance.

If nothing has not been improved, you may now bring in the Human Resources and the people above you into the issue. Make sure that everyone has said his or her piece regarding the matter. Be transparent so that there would be no confusion when it comes to the final deliberation.

Remember to document each and every step of the process. This may seem bothersome but this will save you a lot of trouble later on just in case the employee files a lawsuit.

When the decision has been made, follow the company’s SOP and do not deviate from it to avoid further issues.

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