Firing Well
mondaynote.com
mondaynote.com
> "... But repeated lapses of judgment or a habitually disruptive attitude can’t be tolerated, and we will have to part company. In plain English, I will fire you."
I'm not saying that setting expectations up front is a bad thing, but I've never had the topic of firing brought up -- ever -- in any of the many interviews I've had over my career.
And therefore, if this were brought up without my asking about their firing policies, the thought that would go through my mind would be along the lines of:
"Wow, this company must have to deal with this quite a bit in order for it to be covered like this during an interview setting. Either this place causes people's attitudes to take a major turn for the worse, or they do a terrible job at filtering out bad attitudes during the interview process."
Or...
"Was there something on my resume or something that I said during the interview that may have triggered this?"
Again, transparency is a good thing. And if I'm already asking about their firing policies during an interview, then maybe this is a good way to approach it.
But hearing it come up -- and like this -- during an interview without solicitation just reeks of a toxic environment.
Yeah, at this point I'd assume that anyone who's making any sort of threats from the very start is going to turn into one of these employers from hell. True or not.
Actually, I'd be surprised if the OP isn't the employer from hell. Trust your first instincts on this stuff guys.
That was my thought. As I was reading this, the voice in my head said "Run! Run for the hills!"
I explained that if it didn't work out, there was no sense for either of us in me staying on when it wasn't a good match. We then had a reasonable, adult conversation about hiring and firing and our approaches thereto.
It was honestly part of what sold me on the place. I think that companies that treat firing as some sort of spooky bogeyman are not so good at management. It's not like failing to talk about it means that firing isn't a possible outcome; it just means that people dance around it.
ala https://hbr.org/2013/06/tours-of-duty-the-new-employer-emplo...
Or, their hiring managers are very experienced and are basing this on decades of industry experience over many different managerial positions. They have learned the best practices for employee retention and dismissal over time, so they know to mention this now.
"Red flag, red flag, their CEO is a complete nightmare, run away, run away".
I like that phrase. I'll be using that.
Regardless, I just don't think it would be worth risking highly talented candidates (rightly) misinterpreting bringing up the topic of firing during an interview as an indicator of a toxic environment, and therefore think this is not very sound advice.
I suppose in that case I'd still have the option of calling my old employer and asking for my job back, or maybe an employer I'd turned down to ask if the job is still available.
In this context the advice rings true to my ear. Less so for hiring and firing across all levels of an organization.
I mean, I wouldn't advocate a generous severance for someone who just stops showing up, or who punches a co-worker in the face. You can cold-fire them. Programmers who do their jobs in good faith, on the other hand, belong in the "treat him well even if we don't need him" status bucket.
Having had to fire people this read like a lead balloon. I have fired several people and the hardest one was the first time, but after it was over it felt good for everyone in the business.
This is really managing by fear. The manager might say "It won't be a surprise for you or me implies that this is a non-verbal understanding. Well a lot of people get paranoid when it comes to job security and might have had a bad experience so anything and everything means they are on the verge of losing their job. If I was a worker on his team I would shutter any time I saw my boss walk into my office and say may I sit down. Seems very much a scare tactic. My company when we fire someone there has been several steps taken and it is dignified. (Unless you did something illegal or unethical, than it is quick and clean with an escort out the building.) You go through a written warning. You than have a performance progresses plan written by the employee and the manager together. You may have the manager sit in your work space for a few times to make sure that the person understands their roles in action and make sure that it just isn't a lack of knowledge or training. If it is our business culture we will get a co-worker to partner up with the person to help them find their place (Or see that it might not be for them and that is okay for both parties).
There doesn't seem to be a check and balance between his decision to fire and the action. As a manager I just didn't see the person's positive side since they had a trait I couldn't stand (perception of them being lazy or a bully to their co-workers) and I almost fired people which months and years later proved I was wrong in assuming they deserved to be fired. This also saves the work place from being a homogeneous Big Boys Club.
PERSONAL Opinion : Professionals (I am assuming this is a professional position and not some low hourly wage job) normally don't get fired for them not being smart enough or the ability to improve. I find that it normally is the fault of the employer for why the relationship didn't work out due to a manger or even the negative culture of the company.
If you were paying me hundreds of thousands—or more—of dollars a year, then that's kinda how it works: I execute well, or you sever the relationship.
> Professionals (I am assuming this is a professional position and not some low hourly wage job) normally don't get fired for them not being smart enough or the ability to improve.
I don't understand this at all. Why would an insufficiently-smart professional's employer keep him around—as window dressing? If one's not smart enough for the position, and doesn't have the ability to improve, then who would continue to employ one.
Its an underemployment issue. To get this CRUD web app position you need to be a top 1% rock star having passed compiler theory, database design, automata theory, linear algebra and diff eqs at an ivy league or HR won't even let your resume thru to the 8 hour whiteboard interview. The tiny microscopic subset of the population who get past that, are profoundly underemployed and will not have much of an issue with the raw brain horsepower requirement.
Its like demanding PE licensed PHD civil engineers, and actually getting them, to work as landscaping manual laborers, and then being worried they might not be smart enough to start the lawnmower. Its just not going to be an issue (edited: "in tech" "on coasts").
I call it my "Good Will Dollar Theory." You get to save "Good Will Dollars" when you do good things for others and the company. You lose "Good Will Dollars" when you have a lapse in judgment or execution. When you are out of "Good Will Dollars" you get fired. Everyone has starts with a different amount of "Good Will Dollars" and they are often unfairly distributed to people that sometimes don't even deserve them.
And sometimes it just doesn't work out. From the perspective of the author (who is Silicon Valley royalty and has been a CEO or board member of several large companies for the last 30 years), there is no manager conference or HR process that will make an underperforming executive better. So it's better to be adult about the situation, figure out transition plans, and let the person (and the company) get on with things with a minimum of drama. If your CEO has lost faith in you for whatever reason, you're essentially done as an executive at that company anyway.
We've all seen the underperforming VP who sticks around a little too long: their organization becomes demoralized because people can sense when things aren't going well. It's better for the entire company to be definitive about executive hires and fires.
Tears will dry up. The reason/facts can help the employee a lot more than a short term comforting moment.
This doesn't mean I completely agree with the author, of course some empathy sounds like a good idea. But that's second to the facts.
http://boz.com/articles/be-kind.html
Quote: "But believing deeply that I am responsible for how I make others feel has been life changing for me. Being kind turns out to be a long term strategy for maximizing impact."
Yes, being kind is one of the cornerstones of empathetic reciprocity (i.e. the Golden Rule), and being kind as a matter of personal principle is sane; but being kind because you believe you are responsible for the feelings of others... that way lies madness. It leads you into the morass of having to please all of the people all of the time (or else someone's feelings will get hurt), which simply isn't possible (nor should it be).
I find the author's tone to be matter-of-fact, and respectful of the dignity of the person being hired and fired. I know I would prefer this method of being fired, should that day ever come for me.
I have (unfairly, I believed) been on the receiving end of the normal "Well your performance isn't great, you need to change your attitude before I trigger a PIP", then a PIP...I would rather have had it the way this article describes. Expectations are made clear, opportunities are given for correction, and a gentle-but-firm push out the door is saved for when things are broken.
But it's also bad for the people who eventually get fired. Once the situation has soured, going in every day to face hostile or angry people and wondering if it will be your last day is a terrible experience. I've seen it warp troubled people further.
Personally, the thing I'd add to this is to try to help people find something better. Often the problem isn't "fundamentally bad human" it's "human/position mismatch". Firing someone doesn't have to feel like a funeral.
I would have respected management far more if they had said "You're just not a good fit here, but you will be somewhere else, and we wish you the best of luck. Let's help you find something better." Does anyone do that?
My understanding from multiple people is that this is the only thing they will say when asked for a reference. I really hope that doesn't mean that CA companies pass over folks unfairly.
In a pyramid structure with a possibly 1:8 ratio, or higher, that means no matter what else is going on, at least 7 of 8 can never advance beyond their current level, no matter their wants or abilities, so if someone volunteers to be one of the 7 who are prevented from advancing that's a VERY happy coincidence. There's at least one of several awkward conversation we can avoid after the interviews for the higher up position, guaranteed six or less is better than having to deliver seven disappointments. Or eight, if company policy is to never promote from within.
With the general rise of job-hopping and the death of promotion from within, it doesn't really matter anymore. "If you wanted your bosses job, you'd work on X, Y, and Z, but we aren't firing your boss anytime soon and if we did we'd hire someone from ABC company, or your bosses bosses golf partner or frat buddy anyway rather than promoting from within, so it doesn't really matter".
Also see the rise of internet job sites, if you want a promotion and your company doesn't promote, then you look at job postings and discussions for competitors and talk to recruiters and headhunters. Its not the era of newspaper classifieds anymore where corporate HR pays by the word or column inch.
- I've been in places which have tossed people out with 2 weeks notice.
- I've been in places where people have been stiffed their earned bonuses.
- I've been in places where people haven't been let back to their desks.
This beats all of them, especially if the comp is generous. It is very hard to change a manager's mind. If they're convinced it's time to go, better to encourage the move and be generous. (To stiff the employee implies a hiring decision, which was the manager's fault to begin with.)
The one caveat is some top firms allow people to spend the next few months with an office to encourage another employer to hire them away.
Sure, this probably works for this founder. And it actually helps them get people who they'd work well with. But as a general practice, its strikes me as a pretty clumsy and arrogant way of approaching a fellow human being to work with you.
As an aside, its things like this that I feel, contribute to the monoculture of white males in Tech, because I could see women and minorities who are already fearful that they wouldn't fit into a tech workplace being even more fearful after hearing this kind of talk from someone they're thinking of working for.
Can you imagine the kind of stress a minority would be under in a place like this, struggling to make connections and find people to help them navigate the process ... failing ... and having their performance impacted then remembering that the head of the company said
"I’ll tell you that the decision was made after thoughtful deliberation, and it won’t be reconsidered. I won’t suffer you the indignity of Why"
And wondering if its even wise to seek help from Above, because it could be taken the wrong way and they could be shown the door suddenly?
phew. Hopefully this doesn't gain traction with future startup founders. We have institutionalized processes for firing people for a reason.
I wonder how this works in open spaces -- which, regrettably, seem to be the norm nowadays...
Charming.
(Also, doubt if that's legal outside France, or will remain legal in France and/or the EU for long.)
I also agree with him based on experience that more often than not Performance Improvement Plans do not work and create stress and further issues on the company culture and on the coworkers.
Also based on the other linked article, he focuses more on Attitude and Judgement Failures and doesn't believe in Stack Ranking which is something I agree with.
By the way, he does mention that he implemented that too in Beos in California...
He's not actually firing people, he's pressuring and bribing them into resigning voluntarily.
It's basically a nasty way of breaking the social contract of the employer - employee relationship, shifting what should be the entrepreneurial risk of the employer to the employee, without any upside for the latter.
I take back what I said about the legality however: it's fully legal and very common in the EU, it just isn't firing people.
I've seen it used in practice. There's nothing nice about it, and almost always the result of bad hiring. Only employees that wanted to get out anyway or are easily intimidated go along with it. And it can seriously bite you in the ass if the employee tells you to shove it and forces you to take it to court instead. (Because they don't really need to sue, any firing after that conversation will be illegal.)
That's going to depend heavily on the jurisdiction. Where I am (Massachusetts), you cannot receive unemployment insurance for the same weeks covered by a severance package (which seems reasonable; I can't get unemployment for weeks in which I'm being paid a salary either...), unless that severance package requires the employee to sign a release of claims against the employer. If it does, then you can receive unemployment income for the same weeks covered by severance.
In every case I can think of, here in MA, employees terminated under such an arrangement have right to full employment benefits. I'm sure that will vary in other places to some degree.
You can't sign away your right to sue in the US. You can always sue.
When I was last unemployed, I qualified for maximum benefits, which was about half my post-tax salary at the job I got laid off from, but the unemployment money was pre-tax. I suppose I should be "lucky" that this occurred during the Great Recession, when unemployment got extended to 2 years (it's back to 6 months now), but I don't feel very lucky.
6 months of my old salary would be strictly better than unemployment, especially unemployment now that extended benefits are gone.
That's a very good point. I've just checked and, in France (where he is from originally), when an employee resigns, he's not eligible to unemployment benefits. I actually come from France but I haven't really worked there so I didn't know...
edit: as a side note there is no reference in France.
The one caveat I want to add is that this should only be applied to the senior positions, not to junior ones. A junior, by definition, is relying on the management to guide his efforts, he is not expected to be managing himself, therefore he should get a fair warning and offered a process to improve. A senior, on the other hand, is expected to manage himself, including soliciting and addressing feedback on his own performance and attitude. Therefore a firing should not be a surprise to him, and if it is, that means the person wasn't pulling his "senior" weight to start with.
The second sentence seems arrogant and unnecessary, especially in the context of a meets-or-exceeds review. It seems to say the same thing as "I've decided not to fire you at this moment." What's the benefit to either the manager or employee of bringing up the possibility of the employee being fired in such a circumstance?
Well what kind of faces were you making at them?
Lesson learnt - never fade to grey in a work situation.
To be frank, unless you're grossly incompetent, this is how all firings work. If your bosses have an all-around positive impression of you, they'll excuse any lapses in appearance or decorum, and if they don't, they won't.
As a rational employee, your single biggest job duty is to win the popularity contest. Make sure anyone and everyone likes you and has very positive, warm, and fuzzy feelings about you, especially people in power. You will never get stable above-market compensation or advance the corporate ladder without doing this. In a corporate context, performing your actual job description should comprise 20-30% of your effort and being popular should be 70-80%. Your "paper" job is almost insignificant as it relates to corporate advancement -- your real job is to run an effective campaign and develop a cult of personality.
I make this comment after having been excused in part for "sitting wrong" -- the boss decided he didn't like my posture (after he decided he didn't like me anymore) and that this was so substantial he needed to demote and/or fire me.
That's my impression, too. Not everyone is a talented actor like Robert De Niro.
That said, I agree that PIPs are the worst. They're a way for scummy managers in scummy companies to... well, the common explanation is that they're a lawsuit shield, but that's not really true because it's actually harder to run a lawsuit-proof PIP than to just fire someone. The real purpose of the PIP is less documented and more insidious.
Companies don't actually fear lawsuits that much. They're a black-swan risk, but less than 1% of people fired will ever litigate. They're much more worried about disparagement and impaired relationships. You write a generous severance and give a good reference (which you should, in most cases) when things don't work out because, if you do things right, the odds are good that the person's career will go unimpeded, and this pays off for you because they're likely to feel good about that episode in their careers and say good things about you in the future.
The purpose of a generous severance and positive reference is to make the fired employee feel good about the company, preventing any sort of moral indignation. The purpose of a PIP is to make the employee feel bad about himself (under a parallel theory that a humiliated employee will feel weak, not morally superior, and therefore not disparage or litigate). It has almost no legal value, because wrongful PIPs are just as common as wrongful terminations. Its purpose is to shame the employee into silence. Of course, it often doesn't work, but that's a discussion for another time.
PIPs (which, considering morale, are far more expensive than severance payments) are also a common way for HR offices to claim they "saved money" on severance payments when they're actually externalizing the costs to the manager, who has to conduct a kangaroo court, and the team, which has to deal with an already-fired employee coming into work for 2 months.
The day my boss handed it to me, I began sending my resume out. Over the next few weeks, I heard back from one company I applied to, and we had a phone interview follwed by an in-person interview. The day the PIP ended, I got a formal offer from that company, and I put in my notice.
I had issues with management for a long time, and I'd been contemplating quitting for a while. The PIP served to light a fire under my ass and make me realize I needed to get out of there ASAP.
Oddly enough, now that I no longer work there, I'm totally willing to be friends with my now ex-boss: we used to get along really well, but he doesn't know how to handle stress, and he was shoved into a management position with no experience in handling people. He was the company's first technical hire, he got that position because he's a brilliant engineer, and the founders somehow thought that made him qualified to be the Director of Software.