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John Wilcox is senior editor of 15 HR Specialist newsletters covering employment law, compensation and benefits, as well as theHRSpecialist.com. A journalist who has covered HR, training, organization development and business management for more than 15 years, John keeps his finger on the pulse of what’s working in HR through daily contact with some of the nation’s top HR pros, business people and employment law attorneys.

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Terminating an employee because of personal problems they are having is always difficult. However, the bottom line is that you have to do what is right for the company. If you have met with the employee to discuss his inability to perform his job, if you have thoroughly documented these discussions, the employee has acknowledged that there is a problem, and the employee has done nothing to improve his performance, etc., than you have protected yourself. Tell the employee that you understand their situation, but that you have the company's bottom line to think about. If you have not done any of these, you need to start now. Establishing a written disciplinary policy should be effective in advising employees of what is expected of them in the event that there is a disciplinary problem. Documenting personnel actions is the only way to protect your company.
Posted by: Liz | February 19, 2008 at 01:55 PM
Do you have an Employee Assistance Program you can offer them to contact for help?
Posted by: Kim | February 19, 2008 at 02:22 PM
As a Human Resource Director, I am facing this same problem. I have had several conversations with an employee and they have clearly agreed that there is a problem at home and it is affecting her perfomance and the other staff members at the office. As an old boss of mine used to say when we started our day...."It's showtime ladies and gentleman".
Remember, as employers we are not there to babysit and counsel our staff. (This staff member is now calling me at home to discuss her harship.)
If the staff member is not willing to help themselves then how can they help you grow as an organization?
The bottom line is to document, educate staff on what is expected of them and do not take the situation to heart if you need to terminate them.
Posted by: Jay Jay | February 19, 2008 at 05:05 PM
This is always a hard situation to be in but the bottom line is you need to do what is best for the company. If this person is not performing and you've taken all steps necessary to help this individual and things aren't improving then its time. The employee has to realize that they are not performing to expectations. The longer you wait the harder it will be.
Posted by: Sandy | February 20, 2008 at 06:18 AM
This type of situation has come in everybody's life. The company should give confidence to our employee and do conversation with him. The company must give some time to him for recover. After completion of their timelimit, they can take action against him.
Posted by: kiran | February 25, 2008 at 01:27 AM
Companies work because there are people who work them. Depending on the situation this employee may be protected under FMLA, or ADA. What about the EAP? Is there anything your company can do to accommodate his current needs: flexible hours, work from home, less work hours for a agreed upon period, a LOA? I think of the impact it has to fire someone who in the past has been a good employee. What effect will it have in the other employees? But if your Ts are crossed, and you i's dotted, then do what the company needs to do.
Posted by: Dolly | February 26, 2008 at 02:59 PM
After following all the statutory obligations, showing consideration and compassion and partnering with the person to get the job done (staying clear of personal involvement) focus on the business outcomes that are adversely affected by the problem. Those are the warranted needs of the Company and should be what we care about. Outcomes may be dminished morale of co-workers or other less tangbile results, but they are where the needs for you and the Company are not being satisfied after all your efforts to help.
Posted by: Craig | February 27, 2008 at 06:14 AM
We have a similiar situation. This employee has been through some very difficult times at home and has just quit trying here at work. She is constantly involved in gossip and I have heard from several that she is looking for another job. She was actually searching online a couple of days ago during work (a no-no). Today she left a message (another no-no) with our switchboard that she would be a few minutes late from lunch. I know that she went to a temp agency during lunch and it is now 3 1/2 hours later! I intend to let her go. She is killing morale in our business office.We have already altered her schedule so that she can attend night classes. We let her come early and leave late and now she wants to leave earlier but not make the time up. Any advice first?
Posted by: Cindy Austin | May 29, 2008 at 02:23 PM
We had this problem - we counseled the employee, we gave the employee time to go to counseling, we counseled and tried to improive performance. In the end, we let the employee go, and morale has been so much better since! My advice is to let the person go - maybe a new atmosphere will help the troubled employee also.
Posted by: Joyce Wilke | June 12, 2008 at 03:58 PM