What to say when terminating an employee during probation period

Indirectly, it saves cost of a failed recruitment and the opportunity cost of having a fit-for-job employee. Tips Do not terminate an employee within the first three weeks of a probationary period unless the employee shows blatant disregard for the operating procedures of the position. Can an employee terminate at the end of a probation period? What is a probation period?

It merely shows that the job did not work out. Below is a sample probation termination letter.

It is a formal business letter that may be delivered by hand or sent by certified mail. If you plan to fire an employee during the probation period , contact an employment attorney first. An attorney will discuss how to protect your business and avoid lawsuits while terminating probationary employees. Terminating an employee at the end of a probation period is not a black mark for the employee.

Schedule a meeting to terminate them, and have someone from HR or another manager present to act as a witness. Incentivize them to sign a release form, releasing your company from any liability. Can you be fired without a warning?

Expressing regret is appropriate during a layoff.

A stern tone is best when dealing with behavior resulting in an immediate termination. They express ownership for the decision. Inform the employee of their termination clearly and quickly. If you feel like you need to, you can try to help the employee deal with the firing with compliments or other pleasant language.

This will give details and facts about the employee ’s performance during the probation period. It should give an accurate account of the employee ’s strengths and weaknesses in the job. So one cannot just fire an employee , even during the probation period , if he or she lodges a complaint.

If the employee has made an inquiry, then that should not serve as the basis of your termination. Doing this would breach the general protections regime which could lead to unfair dismissal claims by the employee. Advise them of their right to have someone there with them (a colleague or member of a trade union). Offer evidence that supports your concerns and give them the opportunity to respond.

Decide on appropriate action. Before terminating the contract of employment, consider extending the probation period. Probationary period dismissal procedure: Write to the employee to invite them to a probationary review meeting and tell them that you are considering terminating their contract due to issues with their performance.

Again, your tone should be professional and businesslike. Don’t apologize or assume blame. Let’s discuss that,” isn’t appropriate when an employee is being fired for cause.

Try to avoid being drawn into an argument about the decision.

The following dialogue provides an excerpt from a firing that involves an employee who had sincerely tried to do his job but just hadn’t been able to perform at a satisfactory level. Do not express false praise when firing an employee. Should I Talk to a Lawyer about Firing an Employee ? Provide evidence to support your concerns.

Employers must be aware that probationary employees may be entitled to notice upon termination. In order to better defend against a common law claim for notice of termination, employment contracts should include notice periods for termination during the probation period or refer to the minimum standards found in employment standards legislation. Make a decision on the outcome of the probationary period—in this case, the termination of your employee’s contract. Give the employee another letter, this time confirming the decision and outlining when their last day will be.

I can just dismiss the employee if I want. Similarly, should an employee not pass their probationary perio it is advisable to explain to the employee where things have gone wrong and to keep a written record of this. This should assist the employer in demonstrating that the employee’s employment was terminated for a fair reason and not, for example, for a discriminatory reason.

John Feldmann , Insperity 7. If anything, probationary periods often confuse the employee.