Seat at the Table: Firing an Employee Without Causing Collateral Damage

In this episode of the Un-Billable Hour’s Seat at the Table: How do you know when a hire isn’t working out (*hint: you already know*) and then pull the trigger and let them go?     - It happens: you hire someone, and it doesn’t work out. So many firms put off the hard discussion: terminating an employee. It’s not pleasant, but it’s necessary. That’s where planning, preparation, and an established process come into play. <!--THE END--> - Is it a lack of communication? Or a truly bad fit? Establish performance metrics and address issues early on and help avoid surprises. When it’s time for the firing discussion, everyone should already know what’s coming because it’s been out in the open for a long time. - Clarity can reduce the risk of labor law tangles after the termination. Don’t let a fired employer create more problems. Reviews, management consultations, and documented steps can both guide your employee to better performance, which is optimal, or protect your firm after the firing.  You saw the signs. You knew it was coming. But now it’s time to take action and let an employee go. And if we all know the mantra “hire slow, fire fast,” we also know lawyers don’t always follow that rule. We can be way, *way* too slow to fire when an employee just isn’t working out.  So how do you know when the time has come? Our panel of legal management and HR pros digs in. As one panelist says, “If you wake up three mornings in a row thinking about somebody who’s not your spouse, *they’ve got to go*.” You know when someone is taking up too much time and derailing the office. The problem isn’t recognizing the problem, it’s not recognizing that you’ve already recognized the problem.  Have a plan, specific policies, metrics, management consultations, and a process for firing someone before you reach that point. Without clarity, even experienced HR professionals struggle. Every process should account for your firm’s vulnerability. Labor laws, password management, access to client documents, even physical access to your office with keys or key cards should all be part of the process before the termination discussion. Dig into an episode today that can help your firm prepare for the future!   **REFERENCES MENTIONED:** ClioCon 2026, Oct. 26-27, 2026 Legal Talk Network Unbillable Hour