OT : How to Write a Employee Termination Report

[The Plc Kid]

So my boss has given me the task of writing up a document that has info on a underperforming employee to say the least. The boss has his mind made up to get rid of him and he is correct in doing so because the guy really is not worth the pay he is getting.

For the amount of work he does he should be paying the company to be here. He has been taliked to many times,written up,etc,etc.

The boss just wants something written on his job performance and I have many tasks he was assigned to do where a 4 hr job took 3 days, Many tasks were never started and many never completed.He always has to leave early when there is a hard job to do and spends 80% of his time on his phone outside while other guys are working. All the men in the department want this guy gone because he makes no attempt to do his share of the work but makes more than most of them.

My question is how should a document like this be written? How should it start? What would be the format?

I don't know how I got to be a part of this but our boss is sort of new and wants me to handle this for him turn key. His words to me were " draft a document on his performance and have it ready when I get back nad It should have enough information with grounds to fire him"

I have enough information just don't know how to word it and format it.

I just need some tips from someone who has done this because I don't even know where to start.

[donnedved1960]

Boy, first, I am VERY surprised your boss is not having an HR person do this. You guys are treading on thin ice in terms of labor law.

But if you proceed, I'm guessing GA is like most states any more as in "right to hire, right to fire" anyone for anything except the explicitly unlawful reasons. (Race, age, etc.) So, that being said, you really don't have to be explicit in any form. I would simply state that is performance and contribution to the company was not satisfactory and you are hereby terminated. Simple as that.

Good luck!! And try to pawn this off to an HR person!!

[gas]

That's his job, not yours!!!
Without input from company legal or HR you can be setting yourself up for some major legal problems.
Where is the documentation from the previous trips to the woodshed? If done right that should suffice. Otherwise you are going to have this guy for a while longer.

[The Plc Kid]

The boss and HR is going to fire him not me and all his other past documents will be included but the boss wants something from me because he has only been in my department about 6 months.

Me and my guys work with him everyday so that is why the boss wanted something from me on the day to day of the guy.

[Mickey]

The advice you are getting from donnedved1960 and gas is spot on. I once had a request from a company VP to evaluate a group of people for a new promotional position. After gathering the info I did have HR write the report. When I went to present the report to the VP he wanted no part of the report. We just sat down over lunch and he asked me questions. He did not want me to refer to the report or even know it existed.

Obviously this VP knew better.

[Timbert]

I agree that HR should be the one that writes any kind of "termination report." I understand he wants your input as well. As was said artfully before, where is the previous documentation from 'trips to the woodshed.'

You should only address specific goals and measures of performance that were previously documented in which he failed to meet. They did set specific performance goals didn't they?

For example, just write that at counseling meeting held on blah blah, employee was given XYZ assignment to be completed by blah blah + 3 days. Employee failed to complete XYZ assignment.

Anything else such as "He's not pulling his weight" is not objective. As Joe Friday would say "Just the facts." If you can't show documentation, it didn't happen; could you prove it in a court of law (because it could end up there.)

Again this is information that your HR should be giving you as to what they want to see, but personally I wouldn't write anything I couldn't back up.

[HJTRBO]

I did this last year.

I'm not sure if this will help, but bascilly we used a spreadsheet to document date and offence. The employee was put on performance notice with a review to be carried out every two weeks with a union delegate, himself, myself and the manager present. He was given clear (realistic) performance targets to meet during the next two weeks.

Luckily for us he took two days to get back to his old ways, which wasd documented and at his next performance review it was agreed between all parties (except himself of course) that he failed to meet the performance requirements and was fired on the spot.

[Clay B.]

The problem you have is you are being asked to make a document after the fact. A performance evaluation should be agreed to before the work starts. Kinda hard to say someone did not complete the work fast enough when you didn't tell him the time limit to begin with. If it was an ability issue, was he informed he would be required to know how to work?

The best you can do is a performance opinion. Basically this says employee is supposed to do x and he sucks at it and he does not manage his time well in your opinion and this is what you base your opinion on. You have to have someone who does the same job but does it right and use them as an example. Then give this to HR and your boss and run like he%*. Georgia is a "right to work" state but you have to prove you had justification to fire someone so they cannot claim you fired them over discrimination.

[Mark Buskell]

It may be easier just to lay him off due to a temporary reduction in work force. At one of my previos employers in Georgia, another employee told the boss that this employee stole something and put it in his trunk. The boss made him open the trunk, found the items and then fired the employee. Well after a year fighting with the labor board, they said we would have to hire him back and pay him for all of his lost wages. They said that once the item was in his trunk, it became a police issue and the boss had no right to make the man open his trunk. Since it was an illegal search, there was no evidence to fire him. Well he came back to work after that, they took him in the office and then layed him off due to a reduction in manpower. This was perfectly legal. My point is if he claims any type of discrimination, it may ending up costing you more in the long run then simply laying him off.

[Mtech]

Is your boss asking you for a performance review of this guy. So he can include this in his termination meeting? Or is he wanting you to draft a personnel action form that states his termination. Termination for substandard job performance is simple as long as everyone has documented both pros and cons. Let me if you are wanting to know how this form needs to read. If done this **** a lot,unfortunately.

[LadderLogic]

Now, this is how hard it is to fire someone in the US where people tend to think this this is easy. Can you imagine getting rid of a bad worker like this in Europe?

[donnedved1960]

It really depends on what state you live in. Here in Kansas and Missouri, you can be fired for the color of shirt you wore that day.

[JeffKiper]

Your fired! !!!. Oh yea and you suck at your OLD job.

[Timbert]

Originally Posted by LadderLogic

Now, this is how hard it is to fire someone in the US where people tend to think this this is easy. Can you imagine getting rid of a bad worker like this in Europe?

In most places it is easy to fire someone. It's just hard to cover your backside from a litigious ex-employee.

Sure you could fire someone for the color of their shirt, but if you don't document a written company policy of wearing only blue shirts. Show that you counseled them against wearing red shirts. Document that you told them if they were to wear a red shirt again you will terminate them. Then document they wore a red shirt. They could easily sue the company and you personally for terminating them based on hair color not shirt color.

I liken it to writing design specifications, they should be necessary, unambiguous, quantitative, and verifiable.

[brucechase]

Not everyone is cut out to perform every job. If he has been written up, then your boss should be using that. If this has been documented in the past, then that is what is needed. Remember - this employee is a person and deserves to be treated fairly - even if he isn't capable of doing the assigned work.

This is not the place to post stuff like he should be paying the company and he spends 80% of the time on the phone (unless you had detailed phone records and a company policy). I would bet that your HR department would blow a gasket if they knew you were posting information about an employee on the internet.

My suggestion is to talk this over with your HR department FIRST, before you start writing things down. And, if I were in your shoes, I would ask Phil to delete this post, and hope this doesn't land on some lawyer's desk. Of course, this is just my opinion.