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How Do You Terminate a Hostile Employee?

The decision to terminate an employee is not always an easy one. The termination process can be challenging, especially if the employee is hostile. You likely have a good reason for ending employment, so it is best to prepare for the termination meeting ahead of time. Do not terminate an employee out of anger. Instead, make sure you document the issues with the employee and get ready for a termination meeting. These tips will help you deal with the termination of a hostile employee.

Prepare for Termination

Prepare for the termination by gathering documentation and information. Script what you want to say so you can provide short but accurate information to the employee. Practice the termination, including role play with an HR representative or other person. This allows you to be ready for any questions, arguments, or outbursts that might happen. Review the details with your HR department or attorney before you terminate the employee.

Choose the Right Time and Place

It is usually a good idea to plan the best time and place for a termination meeting. You may elect to use a conference room or an office in the HR department rather than your own office. Make sure the location is private so if the employee makes a scene it will not be where other employees can hear. The first thing in the morning is better than waiting until the employee has worked a full day.

It is best not to terminate a hostile employee alone. It is best practice to have another person present during the meeting. If you have an HR department, include a representative. If you do not have an HR department, you should have another person in management in the meeting. If you like, you may record the meeting. Wisconsin law allows you to record without the consent of the other party.

Keep the Meeting Short and Precise

The termination meeting is not a place where the employee has the ability to plead his or her case or ask for another chance. It is best to keep the details short and to the point. A hostile employee has the potential to become argumentative or even aggressive. In some cases, you may feel more comfortable having a member of the building security staff on hand to escort the individual out of the building after termination. You will need to allow the employee time to pack personal items before leaving. You may supervise the packing of items to ensure that it is done quickly and without incident.

Provide Information

Prepare for a difficult situation. Have copies of documents and any other information ready so you can provide it to the employee. You may also want to give the employee some resources they can use, such as how to apply for unemployment. If the employee is being offered a severance package, provide a written copy of the details to them. You will also want to tell the employee when and how they can expect their final paycheck.

Avoid Wrongful Termination

A hostile employee may be more likely to claim that he or she was wrongfully terminated. Avoid these issues by ensuring that you follow the law. Wisconsin follows the “employment at will” doctrine, which means that you are allowed to terminate an employee for any reason. However, you must keep in mind that you can’t discriminate against an employee due to race, gender, age, disability, or any other discriminatory reason. Keep immaculate records that provide details about reprimands you gave the employee prior to termination.

Terminating a hostile employee can be challenging. To learn more about wrongful termination, contact our employment lawyers at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.

Published September 3, 2024
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