Why Does HR Make It So Hard To Fire People? - Part 2
Read time
2 min
Topics
Investing, Leadership, Psychology & Behavior
AI-Generated Summary
Key Takeaways
- ✓Contemporaneous Documentation: Write behavioral notes the same day incidents occur — not weeks later. A handwritten note stating "Robert Smith missed the 10PM deadline; documents not received until 12:30PM" is legally sufficient. Courts accept handwritten, informal notes as valid evidence. Retroactive documentation created after the fact carries no legal weight in wrongful termination proceedings.
- ✓75–100 Feedback Instances: Before pursuing termination, managers should accumulate 75 to 100 documented instances of negative feedback. Each exchange takes only 10–20 seconds, meaning the entire feedback investment totals roughly 30 minutes of conversation. Volume of small, consistent, documented interactions outweighs any single lengthy performance review in legal proceedings.
- ✓One-on-One Notes as Legal Evidence: Weekly one-on-one meetings with consistent note-taking create a powerful termination defense. A manager with 75 one-on-one sessions, each containing sticky-note feedback records, produced enough documentation to have a wrongful termination case dismissed in court. Judges respond to volume and consistency of documented communication over time.
- ✓Systemic Feedback Escalation: After seven instances of the same repeated behavioral failure without improvement, managers should escalate from individual feedback to the Manager Tools Systemic Feedback Model. This structured escalation tool signals formal performance deterioration, generates additional contemporaneous documentation, and strengthens the case HR needs before approving a termination decision.
- ✓Performance Improvement Plans as Genuine Tools: PIPs exist to improve performance, not solely to build a termination file. Managers should explicitly tell the employee they want the situation to succeed, commit to more frequent measurement, and pursue the process with stated optimism. HR views a completed PIP with full documentation as meeting the organizational standard required to proceed with termination.
What It Covers
Manager Tools hosts Mark and Sarah explain why the "HR won't let you fire anyone" myth exists, tracing it to managers who fail to document behavioral evidence over time. HR rightfully requires contemporaneous notes, behavioral proof, and documented feedback before approving termination — standards most managers never meet before approaching HR.
Key Questions Answered
- •Contemporaneous Documentation: Write behavioral notes the same day incidents occur — not weeks later. A handwritten note stating "Robert Smith missed the 10PM deadline; documents not received until 12:30PM" is legally sufficient. Courts accept handwritten, informal notes as valid evidence. Retroactive documentation created after the fact carries no legal weight in wrongful termination proceedings.
- •75–100 Feedback Instances: Before pursuing termination, managers should accumulate 75 to 100 documented instances of negative feedback. Each exchange takes only 10–20 seconds, meaning the entire feedback investment totals roughly 30 minutes of conversation. Volume of small, consistent, documented interactions outweighs any single lengthy performance review in legal proceedings.
- •One-on-One Notes as Legal Evidence: Weekly one-on-one meetings with consistent note-taking create a powerful termination defense. A manager with 75 one-on-one sessions, each containing sticky-note feedback records, produced enough documentation to have a wrongful termination case dismissed in court. Judges respond to volume and consistency of documented communication over time.
- •Systemic Feedback Escalation: After seven instances of the same repeated behavioral failure without improvement, managers should escalate from individual feedback to the Manager Tools Systemic Feedback Model. This structured escalation tool signals formal performance deterioration, generates additional contemporaneous documentation, and strengthens the case HR needs before approving a termination decision.
- •Performance Improvement Plans as Genuine Tools: PIPs exist to improve performance, not solely to build a termination file. Managers should explicitly tell the employee they want the situation to succeed, commit to more frequent measurement, and pursue the process with stated optimism. HR views a completed PIP with full documentation as meeting the organizational standard required to proceed with termination.
Notable Moment
A manager's termination case was dismissed entirely in court after an expert witness displayed photocopied one-on-one forms covered in dozens of small sticky notes — each representing a documented feedback instance — spanning over a year. The sheer volume of consistent documentation caused the judge to end the case immediately.
Episode Transcript
Welcome to Manager Tools. This is Sarah. And I'm Mark. Today's podcast, why does HR make it so hard to fire people? Part two of two. The questions this cast answers are, why can't I fire someone? Why does HR prohibit me from firing someone? And how can I fire someone? If you want answers to these questions and more, keep listening. Great managers adapt while average ones don't. The MT Disc assessment gives you the insights into how your team works best so you can communicate, delegate, and coach more effectively. Know your team. Get clarity fast. Learn more by visiting us at manager-tools.com/disc. Picking up from last week, we ended up talking about behaviors and how the collection of individual behaviors as opposed to impressions is very, very necessary. I just don't like him. He's got a bad attitude. Mhmm. Nobody else likes him on the team. He has no friends. Oh my god. I've heard it all. Exactly. And, folks, we mentioned this last time. I mean, the behaviors exist, although we feel them in terms of impressions, and those impressions, those feelings get us increasingly frustrated by that performance that we're seeing or or we're we're not seeing and wish we were seeing more of. And what happens then is after months of poor performance, the manager goes to HR and says, you have to help me fire her. She is not doing her job. Yeah. And by the way, folks, you should know at this moment, HR is not actually, this is not true of this moment. It's true all the time. HR is not reflexively against termination. As a general rule, some are. Okay? Some have drank the Kool Aid and believe that their job is to just say no to termination. To protect the employee. Yeah. They are on the other side. Yeah. There's a there's a sense that a lot of people in HR now believe that they're kind of a quasi union for employees as opposed to actually the people responsible for the systems and processes that allow human flourishing within the organization. And that is the other side of the rumor that managers produce, or or communicate, which is HR won't let you fire anybody when the person believes my job is to keep people from firing people. And and that is a relatively modern instance twenty years ago, twenty five, thirty years ago. That didn't exist, but it's gotten so bad that now there are some in HR who have gotten defensive about managers always saying you can't fire somebody. But again, we stand by our guidance that this is a managerial problem, not an HR problem. HR is not naturally reflexively against termination, and they should not be. They understand that some employees are going to fail. They know they're not we're not we're not perfect at hiring. And even if we were perfect at hiring, jobs change because as Drucker teaches us, two things organizations have to …
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“After seven instances of the same repeated behavioral failure without improvement, managers should escalate from individual feedback to the Manager Tools Systemic Feedback Model. This structured escalation tool signals formal performance deterioration, generates additional contemporaneous documentation, and strengthens the case HR needs before approving a termination decision.”
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