How NOT to Fire a Problem Employee

The right way to address personnel challenges that drain organizational energy

By Jerry Llewellyn · Published August 1, 2019 · Updated August 27, 2026

Business Whisperer
August 1, 2019Jerry Llewellyn

Every organization eventually faces it: the disruptive employee whose behavior drains energy, morale, and resources from the entire team. How leadership handles this situation can make or break the company. I learned this firsthand as the first national HR director at an 8,000-person company, where I saw just about every way this can go wrong — and developed the methods to get it right.

The Wrong Approach

When I arrived at that company, the pattern was all too common. Frustrated managers would reach their breaking point and confront problem employees in the worst possible ways — yelling in hallways, firing people on the spot in front of coworkers, making threats, and acting out of anger rather than strategy.

The results were predictable and devastating: EEOC charges piled up, wrongful discharge lawsuits multiplied, and the company hemorrhaged money in legal fees and settlements. Beyond the financial cost, these explosive confrontations poisoned the workplace culture for everyone who witnessed them.

The Correct Method

Through years of experience, I developed and implemented a structured approach that transformed how the organization handled these difficult situations:

  1. Calm down first. Never address a personnel issue when you are angry or emotionally charged. Take the time you need to approach the situation with a clear head. Decisions made in anger are almost always regretted.
  2. Meet privately with the employee. Schedule a private meeting, optionally with a witness present. The employee deserves the dignity of a private conversation, and the presence of a witness protects both parties.
  3. Communicate objectively about expectations versus actual performance. Lay out the facts clearly and without emotion. What was expected? What actually happened? Stick to specific, documented examples rather than generalizations or personal attacks.
  4. Clarify the gap and secure agreement. Help the employee see the difference between where they are and where they need to be. Ask them to acknowledge and agree that there is a gap that needs to be addressed.
  5. Discuss improvement strategies supportively. Work together to identify what changes are needed and how the employee can achieve them. Offer resources, training, or mentorship where appropriate. Show that you are invested in their success.
  6. Document everything with signed records. Put the conversation, the agreed-upon expectations, and the improvement plan in writing. Have both parties sign the document. This protects the organization and provides the employee with a clear roadmap.
  7. Maintain respect throughout. Regardless of how frustrating the situation may be, treat the employee with dignity and respect at every stage of the process. This is not just the right thing to do — it is also the smartest legal strategy.

The Results

After implementing these practices across the organization, the results spoke for themselves. EEOC charges and wrongful discharge lawsuits plummeted to all-time lows. But the benefits went far beyond avoiding legal trouble. Managers became more confident in addressing performance issues. Employees felt they were being treated fairly. The entire organizational culture shifted toward one of accountability and respect.

The lesson is clear: how you handle your most difficult personnel challenges defines your organization's character. Do it right, and you build a stronger, more resilient team.

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