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Terminating Problem Employees (And The Aftermath)

Operate with a checklist.

9/17/2019 | Harvey Mackler, Banking on Harvey

Employees leave for a number of reasons. Let’s talk about the involuntary ones; those that you are firing in one way or another.

You should operate with a checklist, whether it is a voluntary or involuntary termination.

Document the resignation letter
Notify all in HR
Document all of the necessary reasons
Collect all company property (ID Badge, keys, cell phone, computer, credit card, etc.)
Prepare an inventory of what is to be collected; then have it signed off from both the employee and management
Provide a COBRA letter, if applicable
Give a post-employment benefits letter
Discuss  a 
non-compete, if applicable
Remove all access to the network and building
Have a formal exit interview with a second witness
Have all meetings with a second witness
Collect written permission for future reference checks
Provide an address update form
Talk to your staff
Notify former employee’s customers, vendors, etc.
Calculate final pay and date
Discuss severance, if applicable

Now watch for rogue actions.

You have discussed the termination with your staff. Make sure they understand, as there may be personal relationships that supersede company loyalties.

Be prepared for unusual activity. It can be attacks on social media, spreading false information with former co-workers/customers/vendors, or even physical threats. If you see something, say something.

Social media – Do you have a social media policy? If you do, the rogue employee may have violated the policy. You have leverage to provide a cease and desist letter, requiring them to remove any negative posts and to stop posting negative comments in the future. Research social media, using many of the published sites – Glassdoor, Yelp, Indeed, and any others. Just enter your company name and look for defamatory comments.

Contact the rogue employee – Dig deeper into the issues. Empathize with them, if at all possible. If they have positive recommendations, promise to look into them for future implementation. Remind them that their actions have consequences, and they may be offending or hurting their former co-workers. If it persists and is defamatory, contact the social media administrators as well as counsel.

Law enforcement – If all else fails, and you fear for the physical welfare of you and/or your employees, file the appropriate complaints with local law enforcement.

Or find one or two of my former friends in La Cosa Nostra!

 A 1975 graduate of the Wharton School at the University of Pennsylvania, Harvey enjoyed a 20+ year career in commercial banking, exercising his “golden parachute” in 1996.  In his volunteer life, he is a past chair of the Small Business Banking Unit of the American Bankers Association, Easter Seal Society of New Jersey, the SAAGNY Foundation, PPAF EXPO, and Supplier Committee of PPAI.  He is also a past President of PPAF.  PPAI awarded him the H. Ted Olson Humanitarian Award in 2013.

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