The bottom line is the company is slow and I can’t afford to pay them anymore. Two of the three have been with me over ten years. They were chosen to be cut because their positions and responsibilities are so little at this point that they are able to be picked up by others. They were also chosen because of complaints about their work “attitudes” and lack of willingness to learn our new software system. I personally asked their direct supervisors to make sure they learned it and they both always had excuses why it was not a good time to train. I suspect it is because they are older people and don’t like change. Unfortunately, if they had learned, they would be more valuable to me and I may have been able to make other choices on who to cut. Either way, the decisions have been made. I have no intention of mentioning any reasons as to why this was partially their fault but will focus on the economic issue causing the cut backs.
And I feel TERRIBLE. Monday the meeting took place and a final decision was made on who to cut. Friday is the day. I have not slept since Sunday night. I feel simply awful about this and the worst part is they have no clue this is coming. Obviously I am not going to mention this or make it about me in anyway because that would just be inappropriate. I have letters of recommendation prepared as well as severance (a week per year of employment). If anyone wants to offer something helpful in what I can say or do to make this easier on them, I am completely receptive.
It’s been a while since I brushed up on my worker’s comp legalese but if you use the term ‘laid off’ it might imply that you plan to rehire them when business picks back up. You’re firing them, feel free to say ‘let them go’, but I wouldn’t use the phrase ‘laid off’.
A few years ago I had to fire an employee that had been with us for something like 15 years. His life and work ethic had sort of been spiraling downhill, then I caught him stealing from us (‘us’ being my family business). What made it even harder was that at one point, for about 5 years, he had been a very close friend of mine. We spent a lot of time hanging out together outside of work.
Firing him was one of the hardest thing I had to do, but catching him stealing made it a lot easier.
Be prepared for them to ask “why me and not so-and-so”. So you may have to share some of your reasoning about performance and expectations. Otherwise it may appear that you are just firing the older people which may open you up to an age discrimination lawsuit.
Also, be empathetic…they are still going to hate you, but you owe it to them. And I’d be as open as much as you can about the tough times the company is going through and these steps are necessary for the survival of the company.
You know, they are, they really are. One spends half her time on her cell phone talking to her daughter out of state or sleeping at her desk. The other literally wanders around for hours with nothing to do just to get her 40 hours in because “I am just a drop in the bucket to this place and I need it more than they do”.
Still, when you work with people for so long you know their personal life and one in particular is going to be in for some tough times ahead. However, she is very employable in her field so perhaps she’ll find something else right away. She will not go out quietly, that is for sure. There will be a scene. The others I expect tears, this one I feel like I should be prepared for anything.
I have actually thought of the age discrimination thing and it is a concern. I spoke to our lawyer and he offered that since they are the highest paid and completely redundant, it shouldn’t be an issue. Doesn’t mean they won’t get together and try though. They are friends.
You say they’re older employees - you’re aware that if you’ve got 20 or more employees, you’re bound by the ADEA, which says, among other things, you must provide laid off employees over the age of 40 with a list of the ages & job titles of every laid off employee. Make sure you meet every legal requirement so you don’t wind up on the wrong side of an ADEA lawsuit.
Heh - when a previous employer had to lay off 50% of the company some time back, they briefed us on a bunch of safety issues - don’t be afraid to ask for another person to be in the room, make sure you’re closer to the door than the person being terminated, immediately end the process and leave at the first sign of agitation, etc.
I think you’re getting confused between worker’s comp and unemployment. In unemployment, getting terminated for “lack of work” or being laid off are designations that the firing is not for cause. In other words, that the employee is eligible for unemployment benefits.
Lay offs can be temporary or permanent.
It sounds from the OP like this is a permanent lay off. Even though there may be cause to fire these particular employees, the real impetus behind the decision to fire someone is lack of work.
The reason you are letting them go as opposed to anyone else is, “Sorry.” As in -
“We’re sorry, but we are letting you go. Today is going to be your last day. Here is your severance check, here is a box for the stuff from your desk, here is your COBRA information. If anyone asks, we will only tell them your start date, your end date, and your job title. Best of luck to you in the future.”
“How can you fire me? I’ve been here ten years.”
“Sorry.”
“But why me?”
“Sorry.”
“Is it because I didn’t learn the new system? I can do better!”
“Sorry.”
“What can I do to change your mind?”
“Sorry.”
There is no way to make it easy, so just make it quick, and don’t try to let them down easy. It doesn’t help.
Here’s a suggestion that is going way beyond the normal rules:
give the fired employees a phone number of somebody who might be interested in hiring them.
Not officially, of course.
But as they leave your office, try doing something as a friend, not as their boss…and maybe it will ease your conscience.
Be vague, with no specific promise, and nothing in writing. Give them the phone number from memory, let them write it down on a scrap of paper, so it is not really “yours”. Just a hint that maybe things aren’t as bad as they seem, and there is a little bit of hope to grab onto.
If you have any contacts in your business who you can call a day or two ahead, and suggest that maybe your ex-employees people might fit their organization, etc,etc., and may I suggest that they call your office? Be vague, offer nothing that will come back and bite you in the ass.
And check with your legal department too.
Why would you recommend someone you wouldn’t keep on yourself? That’s not helping your former employees. It’s fucking over the next poor sap who employs them.
