How to fire a senior executive
I have to fire a senior executive who’s several years older than I am. How can I do this without crushing his spirit?
answer:
Your concern for your colleague is commendable, but in being compassionate, you also need to be cautious. Earlier this year, the U.S. Supreme Court revised its interpretation of the Age Discrimination in Employment Act, making it easier for older workers to file suit against their employers if they can show a pattern of discrimination. Thus, when it comes time to fire your colleague, your first concern should be for your company.
Initiate the conversation in a private space and allow the executive to express feelings of anger or anguish. “Chances are he won’t make a scene,” says Bill Pullen, president of Pullen and Associates Coaching and Consulting in Washington, D.C. “But an older employee’s identity is often tied to his job, and it’s important to let him vent if he needs to.” Also be sure that the tone of the conversation is as familiar as your relationship. Starting off with “Hey, Bill” if your usual greeting is “Good morning, sir” will only make you appear condescending. But most important, be prepared to answer the question “Why?”
“You want to make sure that the employee cannot claim surprise,” says Jay Waks, chair of the employment-law practice at Kaye Scholer LLR “Have a set of bullet points in front of you that demonstrate the requirements of the position and why the employee is being terminated at that time.” Waks also advises having an HR representative in the room to act as a witness, and avoiding any mention of the executive’s eligibility for retirement. “[Mentioning retirement] is the biggest mistake employers make,” says Waks. “It raises a red flag for age-based termination.”