What documentation am I required to give the dismissed employee?

Consult legal counsel to confirm what documentation you should provide. In general, documentation should be as brief as possible but may include details of continued benefits, severance, effective dates of termination and pay, and, possibly, a nondisclosure or noncompete agreement. The documentation should not contain explanations of the reasons for the dismissal.

If I have to dismiss someone, can I get someone else to deliver the news, or can I do it by e-mail?

The short answer is, delivering this type of message, in person, is part of your job. As painful as delivering hard news is, it’s much better to do it yourself, and in person. That’s because people form relationships with their managers much more so than with their companies. By delivering hard news in person, you honor that relationship and the other person’s humanity, and you help him or her achieve closure on the relationship. With closure, people find it much easier to move on.

Should I explain the rationale behind a dismissal?

A dismissal should never come as a surprise to the affected employee. If it does, the manager involved has not sufficiently communicated job expectations and performance feedback to the worker. If the employee wants to know why you’re dismissing him or her, it’s appropriate to say something like, “Here’s the goal we agreed on six months ago. We discussed ways you would try to reach that goal. But you have not performed as we agreed.” By providing a brief, honest response, you help the person achieve closure.

After dismissing someone, how quickly should I focus that person’s attention on the future?

When people are dismissed, they often need time to process their emotions. When you deliver the news, give the affected employee time to vent and then to pull him- or herself together emotionally. Then direct his or her attention to the next steps. For some individuals, a difficult conversation is as much about feelings as it is about what’s happening. If you ignore the person’s emotions, you’ll make it that much more difficult for the individual to get closure on the situation and move on. So, let people express themselves, but don’t get drawn into debating the merits of your decision.

With a dismissal, should I usher people out immediately after their exit interview, or should I give them time to say goodbye to coworkers?

It’s most appropriate to escort the person out of the building as soon as possible after termination of his or her employment with the company. He or she may return later for the scheduled exit interview.

What should I do about e-mail and phone messages for employees who have been dismissed?

If you’re going to cancel the affected employee’s e-mail accounts and voice mail immediately after a dismissal, make arrangements to forward any incoming messages to the employee for a designated amount of time.

Of course, with dismissed employees, you don’t want suppliers or customers maintaining contact with a possibly bitter or vindictive former worker. On the other hand, it can be upsetting to these outside constituencies to be unable to reach a person they’re used to working with—and to get no explanation from your company for what has happened.

Clearly, you need to make careful decisions regarding what kinds of communication channels you want to keep open, for how long, and in what respect. Balance concerns about what an abrupt communication cutoff may do to the company against any risks involved in forwarding messages to former workers for a time.

Your organization may have policies in place regarding these questions, so be sure to check with your supervisor or human resource department to make sure you’re following those regulations.

It seems that managers can’t say anything anymore without risking a lawsuit. What can I legally say during a dismissal meeting without prompting legal repercussions from the affected employee?

Employment laws vary widely from state to state, country to country, and even employee to employee (in the sense of laws governing employment of unionized versus nonunionized workers or exempt versus nonexempt workers). Thus you must consult your organization’s legal department to ensure that you’re handling a dismissal meeting correctly. Some rules of thumb may help—for example, it’s generally safer legally to keep your comments as concise and neutral as possible. However, do check with your company’s legal counsel to make sure you understand—and follow—the law and your firm’s policies.