Understand the law before firing a problem employee.

Firing an employee is hard work. With new work place legislation springing up regularly and increasing numbers of employee-related law suits, the process has become extremely complicated. Seemingly innocent remarks about an employee's performance or not fitting the company's new vision can easily leave an employer open to expensive lawsuits.

Unfortunately, few owners are well-versed in thc sensitivities or legal ramifications of terminating employees and often find it a confusing situation. In addition to the legal liabilities, the way an employee is fired also can affect the employer's relationship with remaining employees.

The discussion

The best way to ensure a direct and objective termination is for an employer to fully prepare ahead of time. The following are some general guidelines:

* Gather all necessary documentation: Prepare for the meeting by gathering reference documents that support the reason for termination, including past evaluations and reports. Prepare documents listing the termination date, the termination of benefits, severance period, etc.

* Include a third party: Arrange for another person from the company to be present during the termination. Ideally this should be the employee's immediate supervisor but an upper level manager or human resource person will suffice. This person is present simply as a witness of the termination in the event that a lawsuit should arise.

* Outline your message: List the specific points that should be covered in the meeting. Although you shouldn't hide behind these notes, an outline will help to keep the meeting focused and convey that the dismissal is not negotiable. If the employee is not at fault, you may want to go into more detail as to why he or she is being laid off.