By Stefanie Miller

There comes a time in all managers’ careers when our working relationship isn’t working out and it’s time to let a team member go. Sometimes, despite our best efforts like documenting performance issues, providing feedback, and implementing progressive discipline, an employee's performance or behavior does not improve. In these cases, terminating the employment relationship is the next likely course of action. Not only is it uncomfortable for most of us, but there is also a certain amount of legal risk that may result. We are going to discuss termination strategies to make this process as smooth as possible while minimizing legal fallout. There is always the caveat that every situation is different. It is recommended to consult with an employment attorney to understand your state’s specific laws to protect your practice.  

The 4 Steps to the Termination Process: 

1. Schedule a meeting with the employee, inform them that you would like to discuss his or her work performance, or follow up on a previous meeting about performance issues. Conducting the Meeting 

• Keep it Brief: Aim for a 10-15 minute meeting, no longer than 30 minutes. 

• Be Clear and Direct: Communicate the termination clearly within the first 5 minutes and reiterate it during the meeting. 

• Termination Letter: Provide a written letter outlining the reason for termination, the effective date, and details about the final paycheck and benefits. 

• Positive Closure: Thank the employee for their contributions and wish them the best. 

1. Return of Property: Collect any practice property such as keys, badges, and equipment. Disable the employee's computer access. 

• Employee Belongings: Allow the employee to collect their personal items. 

1. Final Paycheck and Benefits - Prompt Mailing: Mail the employee's final paycheck and any information about continuing benefits ASAP. *Certain states require final wages be paid out at the time of termination. 

1. Responding to Reference Requests 

• Company Policy: Ideally, have a policy for handling reference requests that directs inquiries to HR or the practice manager. 

 

High-Risk Terminations 

These are situations where the employee is more likely to sue, such as terminations involving: 

• Protected Classes: Employees belonging to protected classes like race, religion, or age. These terminations can lead to discrimination claims if not based on well-documented, legitimate business reasons. 

• Difficult Employees: Employees who are argumentative or resistant to guidance. Stay calm and professional, have clear communication, focus on the facts, and listen while avoiding debating the decision or conceding any accusations.   

• Employees with Lawyer Relatives: The relative might encourage a lawsuit. Documentation is key including company policies and procedures. Consider having a neutral 3rd party be present to observe and document the conversation.  

• Surprised Employees: Employees who were unaware of performance issues. Make sure you have provided adequate training, feedback, coaching opportunities, and performance improvement plans because if the time comes for dismissal, they are less likely to seek retribution and legally challenge the termination 

 

Protecting Your Practice 

• Seek Legal Counsel: Before proceeding with a high-risk termination, consult with an employment attorney to ensure that the termination is compliant with all applicable laws and regulations. 

• Employee Manual: Draft an employee manual outlining expectations, performance evaluations, disciplinary procedures, and the company’s stance against discrimination and harassment. 

• Progressive Discipline: Implement a system of escalating penalties for repeated policy violations. 

Regular Performance Reviews 

Conduct regular performance reviews to provide:  

• Feedback 

• Document issues 

• Develop improvement plans, all to avoid surprises during termination.  

You may also find that these conversations improve the employee’s performance and termination may not be necessary.  

Poor performance or misconduct can pose significant risks to your practice, lead to legal issues, damage your reputation, and disrupt your entire team. This negative impact can lower morale, increase workload for other staff, and ultimately drive away valuable employees. But when we take a step back and look at the bigger picture, terminatiion can actually be a positive move for everyone involved. By making the hard choice to let an employee go, you're not just focusing on what isn't working; you're opening the door to opportunities for everyone, including the employee. 

For the employee, this can be a chance to reflect and reassess their career path. It might be the push they need to find a role that better aligns with their strengths, passions, and skills. Sometimes, we all need a nudge to discover our true potential and find a place where we can thrive and contribute in the best way possible. 

For the team and the organization, this decision can mean a fresh start and a chance to bring in someone whose skills and energy are a better fit for the job. This helps ensure that everyone can work together more effectively and reach their collective goals. 

About the Author

Stefanie's passion for veterinary medicine began shortly after high school, when she started her career at the Banfield teaching hospital of Western University College of Veterinary Medicine in Southern California. She gained experience in various roles, including customer service representative (CSR) and technician. Eventually, she worked her way up to hospital management. While on the leadership team, Stefanie explored essential skills such as emotional intelligence, effective communication, conflict resolution, positive culture, and overall well-being. These skills deeply resonated with her values and passions, and she looks forward to utilizing her many years of experience to assist others on their journey with VGP.