Welcome to our Autumn 2020 newsletter - actually a series of newsletters, as this subject will be in 3 installments over the next 3 weeks. Needless to say, 2020 continues to be challenging on multiple fronts, and we will not likely be finished with it by year's end. Like many businesses, we are retooling to offer most of our training remotely in a video conferencing format; there will be more information about that in upcoming newsletters.
This and the next two newsletters will be about Safe Terminations, as many of our clients are facing a restructuring process, and are facing some difficult choices. We will address the basic process in this newsletter. In Part 2, we will discuss the implications and challenges when having to apply this during a mass restructuring process, and finally in Part 3, I will cover some of the more prevalent high-risk patterns that we have typically encountered in these situations.
As always, we would like to hear from you. Please feel free to give us your feedback or any suggestions for subjects for upcoming newsletters.
The most common defense mechanism that human beings use - that is generally effective but more often gets us in trouble eventually - is that of denial (coupled with delay and avoidance). This may manifest itself for example, by not dealing with an aggressive or difficult employee. But after months (or even years) of not confronting this problem, we then tend to make our second (and more serious) mistake by going in the opposite direction: we go too fast. We act too hastily.
In terminations, the presumed logic is "we just need to get them out the door and be done with it." The problem with this logic is that it is not really logical. Most termination-related violence occurs after, sometimes long after, the event. The termination may result in a cascade of consequences that the individual may not immediately experience; if there is lingering resentment about the company or other employees about the way it was handled or the termination itself, then we cannot consider ourselves protected just because we called security to walk him or her "out the door."
My favorite all-time quote on this subject was from none other than Marshall Wyatt Earp of the old West: "Fast is fine, but accuracy is fatal. You must learn to be slow in a hurry."
So, our mantra is "slow it down!" While this may indeed be an urgent situation that requires an immediate response of some kind, if you act too quickly without considering the consequences and without planning the termination and post-termination process very carefully, then you can quickly reach a point of no return. We have so many options available to us prior to the termination itself that will mitigate or help prepare us for the risks, but we lose most all of those options once the individual is separated.
And what are those options? You will not know that until you fully understand that particular individual and all of the factors that may be impending on him or her that are driving those risks. Each and every case is different and unique. Any kind of successful and safe management of these kinds of terminations is dependent on a good and thorough assessment of the individual and his or her current circumstances. Once you understand that, then your options in terms of response and management become clearer and often, quite obvious.
So, this is process that we advocate, and that has worked for us in every one of these high-risk terminations:
- Pause! When you have a potentially high-risk individual about to encounter a high-risk event (i.e., termination of his or her employment), then pause. Do not rush into it. This is not solved by just calling a member of your security team at the last minute to walk them out the door.
- Confer. More often than not, our concerns are ambiguous, and we may even try to convince ourselves that we are over-reacting, that our concerns are not justified - but this can be a part of the denial process. Consult with your peers if you are not certain that your concerns are warranted. If you are feeling a certain way about an individual, it is quite probable that others have experienced the same. Conferring with your peers will help you break through any potential denial, better identify your concerns, and perhaps obtain validation.
- Assess. Once you decide that there could be a potential risk, assemble your team. CRA recommends that a company have a multi-disciplinary Threat Management Team, who is trained in this basic process and who understands the available resources and protocol. This is a difficult process for a single, even a well trained, individual.
- Control, Contain and Stabilize. If at all possible, call a time-out. First address the immediate safety concerns by controlling and containing the risks as much as possible. In high-risk terminations, we frequently recommend lengthening the process for the above reason, but also so that a more thorough and effective threat assessment can be accomplished, often by a third-party consultant. We first may want to find a way to get the person out of the workplace, in a safe and controlled manner (perhaps under a paid leave pending a "review process"), under some kind of monitoring. There are many, many advantages to this approach when it can be accomplished, in terms of our ability to engage with this individual, complete a risk assessment, potentially mitigate those risks, and prepare for any future potential risks.
- Plan. Planning is of course not really the last step; it actually occurs at every step of the process. Any planned action should be rehearsed and everyone involved in the planning needs to be satisfied that they have sufficiently considered all of the available evidence, have addressed critical issues and options, and have considered and prepared for the consequences of their decisions. The termination should not occur until you have reached this point.
Some Final Words:
Good management is dependent on good assessment. If an employee is considered at risk and is facing the most adverse employment action possible and will soon be released into the community, you do not want to short-cut the risk assessment process. Your ability to make effective decisions and maintain control and safety is directly dependent on how well you have assessed all critical elements of the situation.
Think long-term. As previously noted, your potential risks do not disappear when that individual walks out your door. Through our experience, we have developed ways to establish mechanisms and controls during and after the termination process, which will help to alert us if the ex-employee becomes unstable or retaliatory.
Be fair and respectful. This appears to be simple and perhaps obvious advice, but some of these individuals have engaged in such inappropriate behavior for so long, that there is an understandable reluctance to "reward" them in any way - but this attitude will come at a cost. Termination is our last chance to interact with and influence this particular individual. The chance that a separated employee will walk away and not engage in retaliatory behavior is always increased if they believe that they have been treated in a fair and respectful manner during the termination process, regardless of what may have occurred prior to the termination.
Don't Go It Alone. The task of terminating a potentially violent employee is a relatively rare event for most managers. But when it occurs, it presents a set of challenges and decisions that are complicated and by definition, critical. Few of us have the skills and resources to do this completely by ourselves. Do not hesitate to seek out the support and the resources that are available to you, both within your organization and in the professional community.
If we can be of any help or serve as a resource with this process, please feel free to contact us at any time. As mentioned, we will cover the challenges of making this work in situations involving mass layoffs in our next newsletter.
Marc McElhaney, Ph.D.
Director, Critical Response Associates
