Question:
When our newly hired general manager pulled me into his office this morning, he asked me to fire an employee, an individual I know well and who’s always impressed me as a hard worker. I run our company’s HR department. I asked, “Could you give me the details, so I can create a solid case for our file?”
The GM, a 50-something white man with an MBA hired by our owner to run our company when he retired to Arizona, said, “He just doesn’t fit in. Use employment at will.” His tone implied I didn’t understand my job.
While I understand we’re an employment-at-will state, this is the second employee the CEO has directed me to fire since he arrived two months ago. Both employees are Black, and both worked hard. I started to argue but stopped when I saw the look on the CEO’s face. He’s made it clear before when I’ve questioned him that he expects obedience.
I’m uncomfortable firing employees who don’t deserve it. The earlier termination didn’t bother me so much because when I met with the woman, she laughed and said, “I knew when he called me ‘uppity’ I wasn’t long for this company.”
I don’t want to risk my job. Any suggestions?
Answer:
You have three choices.
You can follow orders and keep your job.
You can call the owner and present your concerns, including the risks involved in terminating two employees without solid reasoning. He may be able to rein in his new GM and also protect your job, particularly if you and he have worked well together in the past.
Or you can meet with the GM and say, “I want to make sure I understand what you want from me as your HR manager.” If he asks why, you can say, “I see my role as carrying out your directives and protecting you and the company. I understand employment at will. However, policy concerns trump employment at will. I’m concerned that if we fire two people in a row without documentation, we may risk discrimination or wrongful termination lawsuits. The employee you directed me to fire this morning has a solid record.”
If the GM tells you, “Let me worry about that,” you may want to dust off your resume and contact an attorney.
The attorney may advise you to document the entire situation and take the action ordered, but write a confidential, attorney-protected document that explains you took the action ordered under protest.
Here’s why you want your own attorney. This situation may unravel in one of two ways. Your GM may fire you because you didn’t immediately offer blind obedience. If so, you may be able to file your own lawsuit for retaliation.
Alternatively, either or both of the two fired employees may sue your company for discrimination or wrongful termination, naming as defendants the company, the GM and you as the HR professional who carried out the terminations. If this happens, your “action taken despite objection” memo provides you with a measure of protection. By filing this document with your attorney rather than placing it in your company’s files, you also carry out your fiduciary duty not to harm your company.
Good luck.