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Discrimination > How to Fire Someone Politely and Effectively - Pg. 112

Staffing Up 112 · After addressing a complaint, the company will want to receive some signed documentation from the complainant that the measures taken by the company were effective and satisfactory. This will reduce the likelihood of a subsequent lawsuit alleging insufficient measures. How to Fire Someone Politely and Effectively Do not fear the axe. A wise man once said: "It's not the people you fire who make your life miserable; it's the ones you don't." Nothing is worse for morale than lack of consequences for those employees who make everyone else's job harder. It is wise to keep careful documentation of poor performance for two reasons: (i) in case of a wrongful termination suit, you need to be able to prove that the employee's performance was the cause of termination; and (ii) to minimize your unemployment insurance tax rates. Employees terminated for poor performance generally do not receive unem- ployment benefits, but those who are laid off do. In most states, a company will pay into a state's unemployment insurance fund through a tax on payroll, and the state will require higher tax rates from companies whose employees have drawn unemployment benefits. Minimize the number of employees receiving unemployment benefits and you'll minimize your unemployment insurance payments. Conduct performance reviews every 6 to 12 months, have the employee sign them, and keep them in a personnel file. Any complaints against the employee must be documented, signed by the em- ployee to prove that the issue was brought to the employee's attention, and kept in the personnel file. While term employees can only be terminated for the reasons and on the conditions enumerated in their individual contracts (see the Anatomy of an Employment Agreement section), at-will employees can be terminated at any time for any reason. An ex-employee may claim exception to this rule by arguing that he was wrongfully discharged for any of the following three reasons: