Welcome to the world of employee relations.  Hiring and Firing.  Bringing on and letting go.  Expanding the team and cutting your losses.  Any way it is packaged, both functions are difficult and very few are masters at it.  So, what do you look for when you hire someone?  How do you effectively terminate an employee?  Here is some helpful information, tips and techniques to use the next time you face the daunting task of hiring or terminating a team member.

Hiring

We all go through the endless cycle of hiring employees and continually asking ourselves, "How am I going to find that one person who is going to fit?"  Screening hundreds of resumes and conducting interviews is only the preliminary work.  From your pre-screening process, you are establishing the objective criteria - whether a candidate has the necessary skills to perform the job.  The interview itself will help to determine the subjective criteria - whether a candidate will be a fit for the team and the company.

Both criteria are equally important.  But be aware that recent court cases highlight the perils of using subjective criteria in selective individuals for employment.  Unconscious stereotypes can easily infect the job selection process when decisions are based more on subjective personality traits rather than on the objective indicators of an individual's job-related skills and abilities.  Case law makes it clear that while subjective hiring is permissible, it is carefully scrutinized when employment discrimination claims arise.  Employers can best protect themselves with respect to hiring or promotion decisions based on such criteria when they can produce a factual basis for assessment of the candidate.

Simply remember this:

1. In making hiring and promotion decisions, employers should assess candidates' objectives, job-related skills and experience;

2. Additional subjective criteria can be considered if there is a clear and reasonably specific factual basis to support the subjective assessments;

3. Interviewers should document their assessments of candidates' objective and subjective qualifications; and

4. Subjective criteria is not likely to justify a challenged hiring or promotion decision if the complainant is otherwise significantly better qualified than the selectee.

So, how to determine which candidate is the best for your team?  Consider these helpful tips:

• Effective hiring managers know their strengths and weaknesses as well as where their energies are best spent.

• Managers who give in to the "just like me!" bias (hiring candidates who are almost carbon copies of themselves) are setting themselves up for failure.

• Take careful notes at the time of the interview or immediately afterwards describing to what extent the candidate exhibited the desired traits.

• For specific traits, look at these examples to help you formulate objective questions to help gauge personality:

  • If you are looking for a candidate who exercises initiative, ask the individual to describe instances in which he or she spearheaded work projects.

  • If you are looking for a candidate who has a positive attitude, ask the candidate to describe how he or she dealt with situations that required the performance of undesirable job tasks.

  • If creativity is sought, ask the candidate how he or she would address a problem that may arise in a job, and that requires a creative solution.

  • If you are looking for enthusiasm or articulateness, describe in the interview notes the degree to which the candidate demonstrated those traits.

With careful planning and solid questions, you should be able to maximize your time with potential candidates to find the fit for your team and for the job.  Hiring well requires a systematic approach.  But just as important, it requires discipline and courage.  Courage means making the difficult decisions, having the difficult conversations and even confronting, if necessary.  With those approaches in place, finding, screening and selecting the right person for a job should be easier.

Terminations

Terminating employees is not something any of us enjoys as part of our jobs.  It is stressful and difficult - figuring out how to say the right words and show the person the cause behind the decision.  But when it is the best possible decision for your company, and your decision is within legal boundaries, you can help employees leave by treating them fairly and with dignity.

We know that employees can leave a company any time they want and yet companies can't "leave" their employees in the same way.  Having an at-will employment agreement does not necessary shield your company from lawsuits.  An attorney representing an ex-worker will attempt to demonstrate that the motive for the termination was an exception to the employment-at-will working relationship, which would allow the former employee's claim to go forward.

Some exceptions to the employment-at-will relationship include:

Unlawful Discrimination
This includes statutory considerations established under state and federal laws that prohibit discrimination based upon age, race, religion, national origin, sex, disability, etc..

Public Policy Exceptions
For example, retaliation for whistle blowing or having filed a workers' compensation claim.

Implied Contract Exceptions
Failure to follow promises documented in your employee handbook, or for implied promises made verbally during an interview that require just cause to terminate.

Implied Covenants of Good Faith and Fair Dealing
For example, terminating a long-term employee just before he or she is due to receive some anticipated financial benefit.

There are different reasons for which employment can be terminated.  Employment can be terminated for:  (1) lack of work, (2) a layoff, or (3) just cause.  Each reason is different and should be treated differently when communicating to an employee:

Termination for Lack of Work
From the employee's point of view, a termination for lack of work is final.  There is no expectation of returning to the employer in the future.  If the employee is led to believe that he or she was merely temporarily laid off, be prepared to receive frequent phone calls to find out when the layoff is over.  Exercise caution as to the message you give this person; if there is no possibility for work with your company in the future, simply say so.  Sever the relationship and put it behind both of you.

Termination Due to a Layoff
If you do plan on calling the employee back to work, let the employee know an approximate date of return.  Also, let him or her know what the anticipated timeframe of the call back is.  For example, you may say, "If we will be calling you back, we will most likely do so within the next three months."  This information allows the employee to, for example, take a trip, find temporary work or enroll in a class.  Leaving the employee without a reference point can be frustrating and confusing, so be clear about your intentions.

Termination for Cause
Some circumstances may warrant terminating an employee for cause.  Be careful to have all the supporting documentation completed and on file.  That includes written policies, performance appraisals, error logs, attendance records, warning notices, notes of coaching sessions, etc..  Having these in place is no guarantee that unemployment charges will be avoided, but not having them may lead to charges being assessed against your company.

Termination Do's and Don'ts

DO Layoff or Terminate on a Friday  
Should your situation not require immediate termination, consider termination on a Friday.  There are typically fewer people in the office on Fridays, which can help preserve the person's pride and dignity after being informed of the decision.  Additionally, the Sunday paper comes out over the weekend, with the largest listing of jobs available for the week.  This helps to give the terminated employee a chance to immediately look for other options.

DO put Everything in Writing 
Although you will verbally convey information during your meeting, an individual whose employment is being terminated will not necessarily remember or hear everything that was said.  Details about discontinuation of benefits, severance pay, vacation pay, etc. are important to have documented for both protection and later reference.

DO Begin the Meeting with the Reason for the Meeting
State the reason and decision immediately.  Don't talk around it.  Let the employee know the decision, the rationale behind the decision and what can be expected over the next few weeks.  Let the employee know the decision is final.  With both compassion and concern for safety in mind, expect and allow the individual to vent and disagree, and listen patiently to the individual.

DO be Flexible
Since this can be an embarrassing time for the employee, offer alternative times to remove personal belongings from the office.  Help to set a time limit for the employee to remain for farewells and cleanup so there is minimal disruption to the workplace.

DON'T Belittle or Demean
Be careful what you say and how you say it.  Use gaps in expectations or other objective criteria to the keep the conversation at a respectful and professional level.  Remember, the individual is not a bad person, rather, just not the best fit for this job and for your company.

References

• “Downsizing Making the Best of It for the Company and For the Employee” by Karla Dobbeck, PHR.  Reviewed November 2002. 

• “Fire my Assistant Now!”  by Paul Falcone.  HR Magazine, May 2002. 

• “Managers:  To Make a Good Hire, Take Good Look Inside” by Liz Simpson.  Harvard Management Update, October 2002.

• “The Perils of Subjective Hiring and Promotion Criteria” by Elaine Herskowirtz, Esq.  Reviewed June 2002. 

• “Hiring Without Firing” by Claudio Fernández-Aráoz.  Harvard Business Review On Point, 1999.