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I work for a company that operates 200 small businesses across 32 states. Most of the individuals managing the businesses have been given the position from family members. I am challenged by the widely differing levels of competency when it comes to terminating employees. Some have had proper training, and many have not. With that said, recently we've had a few instances where the manager did not handle it well, and we have an angry ex-employee.

My question is: As one of our safeguards, can we ask our existing employees to sign a document acknowledging they understand and will abide by our expectation that they not discuss the details of the termination or otherwise defame the former employee with current employees and/or members of the community? We operate in many small communities, and we do want to protect the former employer but realize it is difficult to control other individuals' behavior.

If the above question is valid, does anyone know of language or a policy that currently exists I could reference? I appreciate your help.


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Your corrected text with proper paragraph formatting:

"My question should read: As one of our safeguards, can we ask our existing employees to sign a document acknowledging they understand and will abide by our expectation that they not discuss the details of the termination or otherwise defame the former employee with current employees and/or members of the community?"


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Hi Determined,

Just a thought - why don't you tell the employee that the company would make sure that no one knows that he has been terminated and thus this should not make him feel bad. The reason being - just that his skill sets do not match the particular profile (at this point), and the chances of providing training at this point are very minimal, but he would be a great fit for another company's profile. In this way, he would not feel humiliated. Employees react because they feel their self-image has been spoiled, and they have not mentally prepared themselves to accept losing their job. It will take some time. If at this time the company wants them to sign an agreement stating that they should not reveal the nature of resignation, then they will know that this can be used as a weapon. They will get unnecessary ideas. It will be like giving a stick to them and getting hit.

So - it's just in how you talk and convince them by saying that the company is being good by not revealing to anyone that he has been terminated. You could also inform that his future employer will not be told that he was terminated. And you can give an experience certificate stating that he was serving the company (until the date he got a new offer), so that there would not be a gap in his career shown on the resume. This can be done if things go to an extreme case.

Thanks.

From India, Madras
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Thanks, Asha.

In this case, there was no way to deliver the termination message gently. The employee engaged in unacceptable behavior on several different levels. The employee's behavior and performance were the cause for immediate termination. She is now sending pretty ugly emails to her former manager.

To protect the company and ensure the employees understand our expectations, I feel it's necessary to have a formal communication for them to review and sign. I was just hoping someone out there might be using something like that.


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Dear Determined,

It's an usual behavior from the employees' side when they are terminated under such situations. The formal communication can be done by discussing with all employees during a meeting on the level of performance and behavioral norms expected at work. It can be done as an usual orientation, and the "terminated persons" case can be considered as an example of non-tolerable behavior. In this way, employees are aware of what led to the termination, and no outside influence will make them think that the company is wrong.

Just imagine, if there is a document to sign - for not revealing the nature of termination, then employees will be forced to think the company is in the wrong end, and they may proactively start looking for jobs, thinking they are in danger. The other existing employees must be informed "why" the terminated employee is getting back to them and trying to communicate the wrong message. A frustrated person usually does that. If she was not wrong - she would keep up her manners and stop unnecessary communication with any of the members of the company, and decently look for another job. But here the case is - she has given up totally on herself.

As far as what I understand, there is no document for a terminated employee to sign and abide by, except for confidentiality of business matters, processes, and related. Hey, but let's wait and see what others might have to say on this. I also feel that the pressure from the Senior Management or the Terminated employee is forcing you to think too hard. I used to feel the same way too. Just make sure the other employees are informed not to have any official communication with the terminated person.

From India, Madras
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