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Flevy Management Insights Q&A
How can companies develop a clear and fair policy for performance-based terminations?


This article provides a detailed response to: How can companies develop a clear and fair policy for performance-based terminations? For a comprehensive understanding of Employee Termination, we also include relevant case studies for further reading and links to Employee Termination best practice resources.

TLDR Developing a fair policy for performance-based terminations involves establishing clear performance standards aligned with Strategic Planning, implementing a robust Performance Review process, and ensuring legal and ethical compliance to maintain Organizational Health.

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Developing a clear and fair policy for performance-based terminations is a critical aspect of Performance Management and Organizational Health. It requires a strategic approach that balances the organization's needs with the rights and expectations of its employees. This policy should be designed to support the organization's strategic objectives, foster a high-performance culture, and ensure legal compliance and fairness.

Establishing Clear Performance Standards

The foundation of a fair performance-based termination policy is the establishment of clear, measurable, and attainable performance standards. These standards should be directly aligned with the organization's Strategic Planning and objectives. Performance standards must be communicated effectively to all employees from the outset of their employment or role transition. This ensures that every employee understands what is expected of them and the criteria against which their performance will be evaluated. According to McKinsey, organizations that excel in clarifying expectations and aligning them with strategic objectives are 5.3 times more likely to achieve high employee performance and satisfaction.

It is crucial that these performance standards are consistently applied across the organization to avoid perceptions of bias or unfair treatment. Regular training sessions for managers on how to set, communicate, and measure performance standards can help in maintaining this consistency. Furthermore, these standards should be revisited and updated regularly to reflect any changes in the organization's strategic direction or operational needs.

Real-world examples of organizations that have successfully implemented clear performance standards include Google and Microsoft. Both companies have rigorous, yet transparent, performance review systems that are closely tied to their strategic goals. These systems are designed to be objective, with a strong emphasis on measurable outcomes and regular feedback, which helps in setting clear expectations.

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Implementing a Robust Performance Review Process

A robust performance review process is critical for assessing employee performance against the established standards. This process should be structured, regular, and comprehensive, incorporating both quantitative metrics and qualitative feedback. Performance reviews should be conducted at least annually, but more frequent reviews (such as quarterly) are recommended to ensure ongoing feedback and support. Accenture's research highlights that organizations with continuous performance management practices are 34% more likely to report successful innovation, indicating the strategic value of regular performance assessments.

The performance review process must include clear documentation at every stage, which is crucial for transparency and fairness. This documentation serves as a record of performance discussions, agreed-upon objectives, and any areas for improvement. It also plays a critical role in the event of a performance-based termination, as it provides a clear and documented history of performance issues and attempts to address them.

Effective performance reviews also involve creating a development plan for employees who are not meeting performance standards. This plan should outline specific, achievable steps for improvement, along with timelines and support available from the organization. This approach not only demonstrates the organization's commitment to its employees' success but also provides a clear pathway for performance improvement.

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Ensuring Legal Compliance and Ethical Considerations

Legal compliance is a non-negotiable aspect of performance-based terminations. Organizations must ensure that their termination policies and practices are in full compliance with all relevant labor laws and regulations. This includes providing adequate notice periods, severance pay where applicable, and ensuring that the termination process is free from discrimination or retaliation. Consulting with legal experts specializing in employment law is advisable to navigate the complex legal landscape and mitigate the risk of litigation.

Moreover, ethical considerations should be at the forefront of performance-based termination policies. This includes treating employees with dignity and respect throughout the termination process, providing clear and honest communication about the reasons for termination, and offering support services such as career counseling or job placement assistance. Organizations that handle terminations ethically are more likely to maintain a positive reputation and minimize negative impacts on remaining employees' morale and engagement.

An example of ethical handling of performance-based terminations is the approach taken by Cisco Systems. The company has been recognized for its compassionate approach to layoffs, which includes generous severance packages, extended healthcare benefits, and support in finding new employment. This approach not only helps the affected employees but also reinforces a positive culture and loyalty among the remaining workforce.

In conclusion, developing a clear and fair policy for performance-based terminations requires a strategic, comprehensive approach that aligns with the organization's objectives, fosters a high-performance culture, and ensures legal and ethical compliance. By establishing clear performance standards, implementing a robust performance review process, and adhering to legal and ethical considerations, organizations can navigate the challenges of performance-based terminations effectively and maintain a positive organizational reputation.

Best Practices in Employee Termination

Here are best practices relevant to Employee Termination from the Flevy Marketplace. View all our Employee Termination materials here.

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Explore all of our best practices in: Employee Termination

Employee Termination Case Studies

For a practical understanding of Employee Termination, take a look at these case studies.

Workforce Restructuring for Chemical Company in North America

Scenario: A North American chemical firm is facing challenges with its Employment Termination process due to a recent restructuring aimed at reducing operational costs.

Read Full Case Study

Strategic Employee Termination Framework for Semiconductor Company

Scenario: A leading semiconductor firm is facing high volatility in its workforce dynamics, leading to an increased number of employee terminations, both voluntary and involuntary.

Read Full Case Study

Workforce Restructuring for Professional Services Firm in North America

Scenario: A professional services firm in North America is facing challenges with Employment Termination processes that have become increasingly complex and legally fraught.

Read Full Case Study

Workforce Restructuring Assessment for Hospitality Group in Competitive Market

Scenario: A multinational hospitality group is grappling with high turnover and a convoluted Employment Termination process that is affecting its operational efficiency.

Read Full Case Study

Workforce Restructuring for Retail Firm in Competitive Landscape

Scenario: A retail firm is grappling with the challenge of optimizing Employment Termination procedures in a highly competitive environment.

Read Full Case Study

Workforce Restructuring in Maritime Industry

Scenario: A maritime shipping company is grappling with the challenge of optimizing its Employment Termination process.

Read Full Case Study


Explore all Flevy Management Case Studies

Related Questions

Here are our additional questions you may be interested in.

In what ways can technology be leveraged to streamline the termination process while ensuring compliance and empathy?
Technology streamlines the termination process through Automation of Administrative Tasks, Enhanced Communication and Support, and stringent Data Security measures, balancing efficiency, compliance, and empathy. [Read full explanation]
How can organizations create a supportive ecosystem for employees post-termination to facilitate their transition and maintain a positive company reputation?
Organizations can support post-termination transitions and maintain a positive reputation through a multifaceted approach including Outplacement Services, Alumni Networks, and a Respectful Termination Process, fostering a compassionate corporate culture. [Read full explanation]
In the context of remote work, what are the emerging best practices for conducting terminations virtually?
Emerging Best Practices for Virtual Terminations emphasize Preparation, Clear Communication, Legal Compliance, and Post-Termination Support to ensure Dignity, Respect, and Organizational Culture Preservation. [Read full explanation]
What strategies can companies employ to minimize the impact of termination on remaining employees' morale and productivity?
Minimizing termination impact on employee morale and productivity involves Transparent Communication, Support and Engagement Initiatives, and reinforcing Company Values and Culture. [Read full explanation]
How can organizations implement a continuous feedback loop to prevent surprises during the termination process?
Implementing a continuous feedback loop involves creating a feedback culture, integrating it into Performance Management, and ensuring transparency and documentation to minimize surprises during termination. [Read full explanation]
What are the best practices for training managers on the legal and emotional complexities of terminating employees?
Training managers on terminating employees requires a comprehensive approach focusing on Legal Compliance, Emotional Intelligence, and best practices in communication and support to minimize legal risks and promote a culture of empathy. [Read full explanation]
What role does emotional intelligence play in the termination process, and how can executives develop these skills to handle terminations more effectively?
Emotional Intelligence is crucial for handling terminations with empathy and professionalism, reducing negative impacts, and executives can develop this through self-awareness, empathy training, and emotion management strategies. [Read full explanation]
What are the ethical considerations for employers when conducting layoffs in a digital-first workplace?
Employers must prioritize Transparency, Equity, and Legal Compliance in layoffs, ensuring direct communication, fair treatment, and support for affected employees to uphold organizational values and trust. [Read full explanation]
How can companies leverage technology and data analytics to improve the fairness and effectiveness of the termination process?
Companies can improve termination fairness and effectiveness by leveraging Technology and Data Analytics for objective decision-making, enhancing communication and documentation, and establishing continuous improvement feedback loops. [Read full explanation]
What strategies can organizations use to mitigate the risk of litigation following employee terminations?
Mitigating litigation risk after employee terminations involves Legal Compliance, Transparent Communication, and maintaining a Positive Organizational Culture, with strategies like regular audits, clear documentation, standardized procedures, outplacement services, and fostering respect and fairness. [Read full explanation]
What role does blockchain technology play in ensuring transparency and security in the termination process?
Blockchain ensures transparency and security in the termination process through tamper-proof records, encrypted data, and decentralized storage. [Read full explanation]
How are emerging AI technologies being used to predict potential terminations and improve decision-making in the termination process?
Emerging AI technologies in HR use Predictive Analytics and machine learning to predict terminations and improve decision-making, while emphasizing ethical and legal considerations. [Read full explanation]
In what ways can organizations ensure that the termination process aligns with and reinforces their corporate values and ethical standards?
Organizations can align termination processes with Corporate Values and Ethical Standards through clear policies, manager training, transparency, supportive measures for terminated employees, and maintaining a positive Organizational Culture. [Read full explanation]
What are the key considerations for ensuring equity and non-discrimination in the termination process?
Ensuring equity and non-discrimination in the termination process is critical for maintaining organizational integrity, protecting against legal risks, and preserving your brand's reputation. This process requires a strategic approach, grounded in fairness, transparency, and consistency. [Read full explanation]
What innovative approaches are companies taking to re-skill and upskill employees facing termination due to automation and digital transformation?
Organizations address automation and digital transformation challenges by partnering with educational institutions, fostering internal mobility, and prioritizing soft skills development to ensure workforce adaptability and readiness for future demands. [Read full explanation]
How are advancements in digital documentation and e-signatures streamlining the termination process?
Digital documentation and e-signature technologies are transforming the termination process by improving Efficiency, Compliance, and Risk Management, and enhancing the Employee Experience, offering significant benefits for organizations. [Read full explanation]
What are the latest trends in severance package structures for terminated employees?
Severance package trends now emphasize Enhanced Financial Compensation, Mental Health and Well-being support, and Customization, aiming to aid transitions, uphold employer brand, and maintain staff morale. [Read full explanation]
How is the increasing use of AI and machine learning in HR practices affecting the termination process?
AI and Machine Learning are revolutionizing HR's termination process, enhancing Objectivity, Bias Reduction, Employee Experience, and ensuring Legal Compliance and Risk Management. [Read full explanation]
What measures can be taken to protect company intellectual property and sensitive information during employee offboarding?
Implement legal agreements, technical safeguards, and structured offboarding processes to protect intellectual property and sensitive information during employee departures. [Read full explanation]
How are changes in global labor laws affecting strategies for international employee terminations?
Changes in global labor laws are necessitating a multifaceted approach to international employee terminations, emphasizing Legal Compliance, Strategic Planning, Risk Management, and leveraging Technology and Outsourcing. [Read full explanation]

Source: Executive Q&A: Employee Termination Questions, Flevy Management Insights, 2024


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