How to correctly tell an employee about dismissal: various methods

24.06.2019

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5 minutes.

Termination of an employment contract is possible at the request of the employee, employer, or mutual consent. When dismissing at the will of the head of the organization, it is necessary to strictly comply with the rules established by regulatory legal acts in order to avoid conflict situations with a subordinate, which could lead to litigation. Legal resolution of the issue is the main task of the employer when canceling a cooperation agreement.

Evaluation of sheepskin and dressing

Any leader, before pointing to the door, must ask himself the question: is it possible to avoid separation? You must first evaluate the reasons that prompted you to make a fatal decision and try to find minimally costly ways to solve them, allowing you to avoid dismissal.

1. Regular violations of labor discipline . Being late, leaving work early, appearing in an unacceptable state (for example, after drinking libations) naturally irritates the employer and negatively affects the quality of work. But even the Labor Code does not consider 1-2 such facts to be a justified reason for dismissal; first, it is proposed to use other measures of influence. The exception is truancy, but even in the case of this gross violation it is not necessary to immediately apply extreme measures. Perhaps it would be more effective to publicly reprimand the offender with a warning of future consequences. Most likely, after a reprimand in front of witnesses, the “candidate for freedom” will note that the employer is aware of his sins and he does not intend to let them go. In this case. He may well “come to his senses” and will not be lost as an employee.

For what violations of labor discipline can a disciplinary sanction in the form of dismissal ?

2. Inconsistency with the position . If an employee fails to cope with responsibilities, the reason may be a lack of awareness or practical experience. You can offer an internship with a skilled partner or advanced training courses. The employee you trained will be more grateful and loyal “cadre” than a recognized professional from the outside.

An employee can be fired for unsuitability for the position held if his lack of qualifications is confirmed by the results of certification. Dismissal is permitted subject to certain conditions being met. View terms and conditions

3. Personal motives . When an employee “does not fit into the team” or cannot get along with his superiors, it is not always his fault. The dismissal of a professional for this reason (the wording “agreement of the parties” will cover up the true motive) can cast a shadow on the manager himself, “a tyrant who does not value personnel.” If you really have to break up, it is better to actually reach the declared “agreement”, and do it respectfully.

How to behave in case of conflict?

The dismissal process does not always go smoothly. There are two categories of people who will need to devote more time and attention:

• - ideological. These are emotional people who consider their dismissal to be unfair and undeserved. Do not enter into conflict with them, let them “let off steam” and express their point of view. Ask your colleagues to provide such a person with psychological support, try to describe the current situation from a positive side (the opportunity to devote free time to family, find a more promising and highly paid job, etc.);

• legally literate. In any case, dismissal must be formalized in accordance with the law. Therefore, protect yourself in advance from a legal challenge to your decision and discuss with the legal department the reason for dismissal (failure to pass certification, staff reduction, improper performance of functional duties, non-compliance with labor discipline). Explain to the fired employee that the dismissal will take place in any case.

Unconditional reasons

There are circumstances when parting with an employee is really necessary and it is better not to postpone it. Without regret, point to the door:

• divulging official secrets and classified information;
• someone who simultaneously cooperates with competitors;
• who wastes company money;
• allowing gross violations in work that could cause trouble for the offender himself and/or those around him.

With regret, but without fail we have to say goodbye:

• with employees whose employment contract is not going to be renewed for one reason or another;
• with abbreviated ones;
• with all employees upon liquidation of the company.

IMPORTANT! When dismissing an employee for unacceptable actions, it is worth taking care of moderate publicity: this will serve as a lesson to other employees and warn other employers about unreliable personnel. In all other cases, the “velvet” option is preferable.

Mistakes during dismissal

When the moment comes for a decisive conversation, do not make psychological mistakes, which, unfortunately, are quite common in organizations during dismissal.

Mistake 1. “Not me”

To avoid a painful scene, the manager asks the secretary or another subordinate to tell this news. At the same time, the “messenger with bad news” can neither answer questions nor prove that the decision was actually made by management. He only takes the blow on himself, receiving undeserved negativity. As a last resort, the participation of a personnel officer is acceptable, but still, dismissal, like hiring, is the responsibility of the manager.

Error 2. “Have you heard everything? He's fired!

Sometimes employers prefer to announce dismissal in the presence of third parties in order to smooth out the outburst of emotions and obtain witnesses. This puts the person being fired even more in an awkward position, humiliating him in front of strangers. It is correct to conduct all unpleasant conversations one-on-one.

Mistake 3. “Two days alone with pain”

It is better not to present difficult news before the weekend, ruining it for the person being fired; it is more productive to do it at the beginning of the week. Then the employee will have the opportunity to immediately plan for future employment, he can begin to act immediately, which alleviates stress.

Mistake 4. “Long foreplay”

You can briefly thank the person for their cooperation, a slight apology is not forbidden, but you should not “cut the tail in parts”, stretching the procedure for longer than 15-20 minutes. The person being fired is especially annoyed by long praises before the message that he no longer needs dismissal.

Rather than shocking an employee with unexpected news, you can create a specially predicted situation that pushes the employee to think about quitting:

• outplacement : services for active employment of an employee even before his release from his position (recommendations to other employers, distribution of his resume, etc.);
• “silk fetters” : an employee is given a task doomed to futility (after a while, the inappropriate project is closed, and the employee finds himself gently removed from the company’s affairs);
• “anti-poaching” : the dismissed person is offered a new position, having secured the consent of another employer, who allegedly assessed the promising employee;
• isolation : the employee is gradually pushed away from the social life of the company, and he himself understands that he has become “superfluous”;
• “ruble whip” : bonuses are removed, the next bonus is not paid, the paid workload is reduced or the unpaid workload is increased - and, most likely, the employee will soon quit;
• rumors : if a person “accidentally” finds out in advance that his position will be reduced in the future, he will have the opportunity to look for a new job in advance, and he will not be dumbfounded by the unexpected “freedom”.

The procedure for dismissal due to reduction is regulated by law. It must be observed, otherwise the reduction may be considered illegal. View procedure

Director's reaction

It can be completely unpredictable - it all depends on how and when you presented the news of your dismissal. If you were correct, tactful, polite and calm, then your management will favorably accept your departure.

If you violate all limits of decency, the labor code and forget about subordination, then do not expect anything good. No manager will want to give positive feedback about your work, and may specifically respond extremely negatively in retaliation for disrespectful behavior. By the way, read the article about what to do if your boss yells and humiliates you.

BY THE WAY! In any case, try to leave gracefully. Nobody knows what the future holds for you. There are times when I had to return to my old job. Don't be rude, leave a good impression.

There are positions where it is possible to work in parallel in several companies. It is possible that you will receive an offer to sometimes take work home as a part-time job at your old place:

• if you are considered an excellent specialist;
• provided that such working relationships do not conflict with the ethics of the company.

Remember that the director is also a person, and your caustic criticism and barbs may offend him as a leader. If your city is small, then you will still have to intersect at work. Don't be surprised if he gets his revenge one day.

IMPORTANT! Remain a worthy and honest person. Decency and respect for others, a positive attitude has never harmed anyone.

The perfect dismissal

After analyzing the recommendations of experienced HR workers and social psychologists, we can offer the employer the following model for a relatively problem-free dismissal.

1. Prepare the soil: use one of the above methods.
2. On Monday or Tuesday, invite the employee to your office and offer to sit down.
3. Show respect: in two or three sentences, highlight the positive aspects of the employee and celebrate his successes. Don't be verbose, otherwise he will decide that the dismissal is unfair.
4. Briefly state why the company will no longer do business with him. If possible, do not focus on the employee’s guilt, because in the case of, for example, layoffs, there is practically no guilt. If someone who is truly guilty is fired, then he already knows why and for what (after all, you warned him in advance, see above). Instead of “it’s my own fault,” try using “thank you.”
5. Give the opportunity to respond to the message. Answer questions if any arise. Treat a possible outburst of emotions calmly. Listen to accusations or pleas and calmly respond when the flow dries up: “I’m sorry, but the decision has already been made.”
6. After a short pause, express confidence that the employee will be able to realize himself in conditions that are more suitable for him: his skills will definitely be appreciated in another company. If appropriate, you can add that the employee has “outgrown” the framework of this organization, and dismissal for him is a new start for the next round of his career.
7. Discuss the amount of severance pay and other nuances of dismissal.
8. Finally, here are some tips for getting a new job. Re-emphasize the employee's strengths. If there is another employer in mind with a suitable vacancy, promise a good recommendation.

The entire conversation should not take more than 20 minutes.

So, the main recommendation for dismissal is that it should be done as correctly and kindly as possible.

To summarize, we can conclude that if the employer has time to wait and does not want to say “You are fired” to the employee’s face, then you can try to use contactless dismissal, unobtrusively creating an uncomfortable atmosphere for him. Otherwise, you need to muster up the courage, if necessary, and, taking into account the tips listed above, inform the employee that he is free.

Conversation with a dismissed employee

Simply walking up to an employee and telling him he's being fired is usually not the best option if you want the layoff to go smoothly. It is worth preparing for the conversation. Choose the right day and time, think about how to conduct the conversation, what the dismissal person’s reaction might be, and how to react.

Every organization has its own standards; in some places it is customary to fire in one manner, in others in another, and you can also be guided by them. In any case, there is usually a certain algorithm that must be followed.

Warning

If the employee’s level of work is not satisfactory and the decision to dismiss has already been made, but in theory he can still improve, then you can try the approach with a notice of dismissal. It is still necessary to notify the employee about it two weeks in advance, in which case such a notification is given, but it is added to it that there is still an opportunity to stay if you show good results in the remaining two weeks. If they are not recognized as such, then he will either write a letter of resignation, or an order will be issued immediately.

In this way, you can still get a guarantee that the employee will not work carelessly for the remaining time. But this approach is applicable only in some cases - when it is clear that the employee can still improve, but there is no way to allow him to study or gain experience directly in the company.