More Ways Not To Fire

Last May, I offered my tips on terminations, including not firing via cable news ticker.  Apparently, my tips went unheeded by some prominent terminators.  So, in an update to that post, I offer some more tips.  (Warning:  This post comes laced with sarcasm.)

Don’t fire someone when they have a stomach bug.  When someone is vomiting or plagued with diarrhea, it’s considered bad manners to terminate them when they are on the toilet. Wait until you can see their face without invading a bathroom.  Heck, what you’re about to tell them might make them sick all over again.  Let them get past the first round of sickness.

Don’t fire someone within hours of his pension vesting.  The Employee Retirement Income Security Act is a real thing.  ERISA Section 510 retaliation claims are a real thing.  Section 510 states that it is unlawful to discharge for the purpose of interfering with the attainment of a right (i.e. pension).  If you terminate someone to avoid pension liability, it’s likely that a Section 510 claim is in your future.  This is on top of any claims the individual may have if he is in the public sector.

Don’t be mean.  The very act of terminating someone is already seen as mean.  Not many people want to work for a mean employer.  Mean employers have trouble finding people to fill roles.  Mean employers get nasty Glassdoor and Indeed reviews.  You do not want to be that employer.  Try to give the individual you are terminating as much dignity as possible.  Don’t let them find out via press release.  Be brave and do it face-to-face.  Anything else is seen as cowardice.  Post-it notes, emails, texts, cable news ticker, tweets, Slack message, etc. are all cowardly ways to terminate.

I don’t mind firing people.  By the time my clients call me, they have toiled with the decision to terminate, they’ve lost sleep over it, and have thought of all the other possible alternatives. So, I’m reaffirming their gut instinct and offering my theoretical airbags and seatbelts to the term.  I’m also advising them on how not to fire badly.  Please read all of my tips on how to fire and then heed them.


Photo by Jamie Street on Unsplash


This week, I was honored to be included in a loveable group of yahoos – I mean, influencers – at Ultimate Software’s Connections Conference in Las Vegas.  These people are leading the way in human resources and technology, and I’m lucky to call them friends.

The conference itself was really something.  While Robin Roberts and John O’Leary’s keynotes were fantastic, it was Ultimate Chief Executive Officer Scott Scherr who left the biggest impact on me.  Mr. Scherr’s general session did not focus on what was new or why his leadership has brought success to the company like how many other CEOs may have spent their time.  Instead, he focused on his people.  He went through a list of Ultipeeps who have made a difference.  This list was impressive, even if he was slightly embarrassing a few of them.

But what really got me was how Mr. Scherr focused on their “People First” mantra as not just a mantra but a lifestyle.  In a presentation to SHRM in 2009, Mr. Scherr said the following, “The measure of a company is how they treat their lowest paid employee.”  In this year’s session, Mr. Scherr talked about how the character of the company relies on the character of its people.  When you hire good people, you treat them well, they will take care of the 3,700 customers there at the conference and all those who were unable to attend.  This is so true.  Another (more lawyerly) way to look at this is when people are treated well, the compliance risks are significantly lower for an organization.


If you’d like to see the sessions where I presented, please see the links for employee communication (I start at 17:25) and women in leadership.  The women in leadership session was made up of some fantastic women!  I highly recommend spending some time to learn from them.