How do you dismiss someone?

Page 2 of 2 FirstFirst 1 2
  1. #11
    Quote Originally Posted by hullexile:
    Keep a record of actions they have done or things they have said. Any performance reviews?
    hullexile, this is an excellent point. I would expand a little on that.

    Not only do you have to document everything (because the one with the most documentation is very likely to make a better case.) You have to make it public knowledge by writing him\her out with HR. If your HR manager does not want to help, you can actually force the issue by letting your direct report know that you are setting up a meeting with you, the employee, and the HR manager so you can discuss the current situation. Have your direct report acknoledge the issue so that you can cover your back.

    Next, go to the HR person and advice her that you need her to set up a meeting with the employee and that you need her there. Pursue by giving her 2 to 3 choices of possible time for the meeting that she can select from. "This are the time I have availlable. Please make it happen either 1 or 2 or 3" What ever those times are.

    When the meeting takes place, you need to be able to keep you kool and just state the facts as accuratly as possible and propose a solution by setting up measurables that are directly tied to the employees job description and make the employee aware that failling to achieve those measurables may affect his\her performance evaluation. Then give specific time frame on when you expect that to take place. Finally, ask the employee to tell you and the HR person how do they intend to achieve these measurables. Then hold him/her to it. (If you give someove enoght rope to hang themself, they will eventually do it.) (Also, please note that in this process, the HR is really only a report writer. You are not asking for her opinion. You are just asking her to document the meeting and put it in the employees file.

    Once the employee deviates from the plan, you may write him up in the same manner but this time escalate the severity from may affect the performance evaluation to may affect your future with the company. Then finally from may affect you future to will result in termination.

    If you follow that process, HR doesn't really have much choices and you are backing yourself and the company up in case of back fire from the employee.

    This maybe slower or faster depending on the employee's hability to adapt to change.

    If you need a faster process, you can consider couple other issues.

    1) Have you heard of the saying: "A barking dog does not bite" In other words, many people can threaten to sue. The reality is that very little of the have the knowledge and\or the means to do so. (It is expensive to use legal services and unless it is a major case, no lawyer will take a contengency case like that.)

    2) Last consideration and I beleive it has already be mentioned. HK is a very liberal economy and unless you made a gross mistake and really abused of your authority with the employee, you don't have much of a risk for a law suite as HK Laws tend to favoritize the employer rather than the employee. And once again, no lawyer would want to trial a case like that.

    I hope that helps a little. Good luck

  2. #12

    Join Date
    Aug 2005
    Sham Tseng

    Great News. Spoke to the head of the company who agreed the person needed to go. Emailed hr lady with list of reasons but not details and put onus on her to make it happen. HR lady met with employee and ultimate result was that the employee resigned effective immediately. Best possible outcome we could have hoped for. Full credit to the hr lady who up to this point had been no help at all but when she had no choice and had the go ahead from the head of the company she totally came through. Horrible situation to have to deal with but even a few days later the whole environment is so much better without this toxic person.

    Thanks to all that gave advice.

  3. #13

    Join Date
    Jun 2007
    KLN City

    if u want them to go,
    just tell them so, just don't break the labour law/code
    if the contract of ur employee says one month notice, then be it
    easy ur the big dog here

  4. #14

    Join Date
    Aug 2007
    ShenZhen, China

    If you are so want to get rid of them. Pay them a month salary in advance and leave immediately. Or give them a month notice.

    Reason: Incompetent to do the job.

    Remember, you are the boss. They will still need reference in the future. If they sue their boss because of dimissal due to the fact that they could not do their job. They will "lose face".

  5. #15

    Join Date
    Apr 2006
    Kwun Tong

    Having sacked people gently and in some of the most brutal manners possible, I think Katanga is right. Unless they are threat or disturbing the office. It is even best if you don't push them out. Don't slap a termination letter in their face. Ask them if there anything you can help them with. I find that sometimes you ex-employees become your biggest customers.

    Just ask them what is the best way in their opinion to end it. Some will get upset and say I want to leave the same day, some will want to hang in until they have a new job, some will just not want to go or talk about it. With the latter you will have to force them out with a termination letter.

    Last edited by; 15-08-2007 at 02:26 PM.

  6. #16

    Join Date
    Apr 2004
    hong kong

    I agree with Just because " you are BOSS " doesn't mean you can override employee rights and the employment ordinance.

    Softly softly has always been the correct approach for EXPERIANCED employers. Even the mainland way is changing due to workers being schooled in their rights by labour activists.

Page 2 of 2 FirstFirst 1 2