Modern Termination Decision-Making Paradigm


Many Human Resources and Employment Law specialists live by the mantra “document, document, document.”  Documentation is important, but there is a far greater need for HR professionals to change the paradigm of how we all make cause-based termination decisions.  I propose the decision matrix that is outlined here: Termination Decision Matrix

The premise of the paradigm is simply: First, decide whether or not termination is the right outcome.  Human Resources acts as a facilitator to achieve the correct outcome.

Line management sees themselves as the subject matter experts on the decision of whether or not the employee is a benefit to the organization.  It is difficult for an HR professional to be a valued resource to line management, if line management perceives that HR is trying to overrule them in an area they “know nothing about.”  Under this paradigm, HR supports the Line, but offers guidance within its areas of expertise – coaching and balancing the legal risks.

Every termination discussion with a Manager should start by asking them to make the hard-core business decision first.  I would ask,“what would you do if you owned the Company and did not have to worry about being sued?”  If the Manager would terminate the employee, then it becomes HR’s role to help evaluate the legal risks and highlight any broader implications on the Company.

All employees are terminated for one reason: the Company would be better off without them.  Whether it is because of performance, malfeasance or simple expense reduction, the employee is let go because the Company is better off.  The existence of documentation is largely irrelevant to this core issue.  I hope the paradigm will encourage line managers and HR professionals to approach termination decisions with greater partnership as they reach the correct outcome.