Ex-employee threatens HR, after HR carryout terminating process. How to deal with the threat?

Fundamentally we HR Guys are well-wishers of those who are relevant to business, community. But to some we need to deal firmly with actions. Some-time even termination.

I will never forget my drive from Shaikh Zayed road to Industrial Estate 3 bypass.

As usual, I was driving and taken turn to interchange 3 on Shaikh Zayed Road and as I was approaching towards my office as my car was hit with a stone. I promptly started blinking emergency lights and taken my car on hard road and got down and started looking at the side from where the stone was hit the car. I saw at distance our ex-employee was running far from my stationary car as he saw me, I realized he was Mr. M whom I terminated couple of weeks before, on the grounds of indiscipline when proved.

Other day, one of my HR colleage also received threatening call from ex-employee who was terminated by him on the grounds of indiscipline with proper process adopted.

 As a HR, I attended three times police stations and courts proceedings for terminated employees, and all three times court uphold Companies views as correct process applied and given ruling against employees, although with additional benefits to the terminated employee in one case.

 So, what I learnt from these few cases?

Termination is sentimental, yet right way of process of dealing with the situation, makes less painful.

 The psychology observed in terminated employees, most of them resort to denial mode for a long period of time and even after applying all tactics, when those does not work, then turn to attacking mode, when their denial mode does not get ground to pursue further.

When person goes to denial mode overlooking to the facts, termination process needs to recalibrate step by step.

 Termination process become very personal grudge, unless and until we as HR manage the entire process and prove point by point how employee actions are against laid down policies, processes and government rules. This entire process needs to manage with cool approach and to the policies and processes which are agreed to follow officially.

 Control emotions:

Firstly, professional HR never ever allow personal likes and dislikes to reflect in communication. Rather, resort to signed and agreed policies and procedures which are basic framework laid down between an employee and the organization.

 How I deal with threat?

 I know correct and accurate documentation is key to deal with the threat.

Document the Threat:

Document all events that preceded the threat. I record the employee's exact actions and words, as well as other events that occurred through the duration of the incident. Include the date, time of day and your interpretation of the employee's attitude and state of mind.

Note whether another person witnessed the threat. Notify your human resources department of the incident and provide all your documented information whatever correct. In-short do not remain mute in such situation and provide correct information if asked to provide.

Accurate and precise documentation will help you and HR evaluate the severity of the threat and when discussing the incident with the employee later.

Assess the Threat:

Assess the seriousness of the threat. Consider the circumstances in which the threat occurred, the employee's tone in which he made the threat and his history of workplace behaviour.

If necessary, consult other managers or employees for input on their experience with the employee. If an employee threatens you with immediate physical harm, remind the employee of the ramifications of such behaviour and try to talk him out of carrying out his threat. Contact law enforcement authorities if possible and, until help arrives, try to calm the employee in a manner that does not further antagonize him.

Counsel the Employee:

-While counselling employee give 100% ears and listen his every word, point, stress he gives and make a note of grievances which lead to his decision.

-Upon assessing the threat, counsel the employee about the incident and the effect of his behaviour on the workplace.

-While counselling kindly never prove employee wrong as an entity, but assess and get confirmed, whether he signed xyz documents, is he knows each laws and by-laws specified, which are communicated and accepted by the employee as a confirmation of receipt of documentation while joining or during increment or while circulating employee manual.

-Review with the employee, your documentation on the threat and discuss the motives behind his threat.

-Review with the employee your company's policy on threats and violence in the workplace. Reiterate the actions and behaviours your company considers acceptable or unacceptable in the workplace and explain why the employee's threat is unacceptable to workplace conditions.

Many a times, as mentioned, the guilty remains at denial mode. But one need to prove his denial have no documented proof, rather prove other way round!

Issue Disciplinary Action

-After discussing the situation with the employee, issue the appropriate discipline related documents to him.

-Disciplinary actions range from issuing a written warning, strictly monitoring the employee's behaviour, suspending the employee or instant termination. Should you not fire the employee, advise him/her that in the future she should address with you any complaints or concerns about the organization in a rational manner.

-Advise he/her that any further threatening behaviour will result in termination from the company.

Keep the Workplace Safe

Upon issuing appropriate disciplinary action to the offending employee, review with employees your company's policies on workplace violence and safety. And give him how the incident will affect his professional career onwards.

Decide whether you need to take additional action to prevent threats and to protect employees. If you fired the offending employee and feel he remains as a threat, inform other employees of the threat and asked them to deal with him with caution.

To help employees feel safer in their workplace, consider changing access codes and door locks in your facility, as well as hiring security personnel to patrol the facility.

Termination meeting:

 Termination meetings should always be handled with tact, brevity and dignity for the employee and employer.

Terminations should not come as a surprise:

No employee should be taken by surprise if they are terminated. They should know it’s coming (and have had a chance to stop it) because of a series of disciplinary actions that culminated in their dismissal, or they should know they’ve violated a company policy so serious that their immediate termination is warranted or expected.

1. Avoid termination on the spot. Instead of, ask employee to go on compulsory leave.

 2.Invite employee via official communication, about his stand on the violation taken place.

3.Prove in the communication, how employee is wrong as per applicable company policies. Evident by evident.

 Plan for terminations.

Before you have scheduled a termination meeting, you should be prepared to manage the situation quickly and efficiently. You have made your decision – it is not negotiable.

The only reason for the meeting is to provide the employee with the information they need for separation and to collect any company property they may hold. Typically, these meetings last around 20 minutes. Your goal is not to drag it out – it is to get the employee the information they need. They can turn to friends and family for sympathy – that is not your role. Be sure to use an empathetic tone, with a fact-based monologue.

What to have prepared for a termination meeting.

Paperwork you will need for the meeting you should have a host of materials at the ready. Preparing and reviewing the materials so you know exactly what you are going to say can help make the meeting go as smoothly as possible.

For some companies, a formal letter of termination is presented to the employee. It outlines the reason (if any) the employee is being let go. It need not be lengthy or detailed.

 Gives time say one week to employee to present his side. And deal with each point he may raise with facts and figures and documents to prove it.

 Issue termination letters when management is equipped with facts and figures and effective material to terminate the employee is in hand with documented proof.

Read how to write a termination letter.

Many companies notify terminated employees that unless a policy violation was significant (theft, threatening others, violence) they will provide a neutral reference – offering dates of employment and title only.

You do not have to provide a written letter of termination but be prepared to discuss all these elements when you meet with the employee.

UAE Labor Laws are clear enough to quote by numbers each one which are relevant to the case.

What about employee benefits for terminated employees?

Keep benefits and action sperate. Benefits are offered for the good work he did while discharging duties, hence his end of service benefits must be given.

Some-times, full acceptance cycle is not completed by the employee, in such cases show him the F&F and get accepted. Tell him after completing specific actions he will get 1st instalment of EOS benefits. And once he completes unfinished tasks 2nd instillment will be paid with duly acknowledgement for the reason he received.

Allow employee to leave organization with his end of service benefits. Do not issue good character certificate, instead issue plain experience letter of working in the organization.

I seen worst cases solved amicably, when high voltage dies down, and appropriate positive environment is created. Never ever prove employee wrong even he is, prove he is good, but the action taken is not acceptable in the organization. And management is not ready to compromise.

 Some terminated employees’ resort to personal threatening, in that case resort to police complaint and ask for legal support.