Bullet Proof Documentation - Disciplinary Process – Sometimes You Have to Terminate – Part II
You’ve followed you disciplinary process and you’ve documented your efforts. The employee is still falling short of expectations. Termination of employment is your next reasonable step.
Before you terminate, consider the following:
1. Determine if the employee is in one or more protected classes.
2. Determine the exact basis for the termination. Don’t make it easy on yourself by sugar coating it or think that you can embellish or give the real reason(s) later if the employee files for unemployment benefits or a regulatory charge. You are stuck with whatever you gave as the “reason”. If you later change the reason, it will probably be determined to have discriminated against the employee on whatever basis they alleged.
3. Review the facts and documentation to ensure all your bases are covered. (See part 1, Bullet Proof Documentation).
4. Consult with your HR professional or employment attorney to ensure legality and defensibility of this employment action.
The Termination Meeting:
1. Select the proper setting.
2. Treat the person with respect.
3. Have at least 2 people present, be prepared if you suspect the person may become violent.
4. State the specific reason(s) for the termination.
5. Do not argue or apologize regarding the decision to terminate. Its okay to hear the employee’s side, but do not let it escalate. Additionally, stating that you are sorry you have to terminate implies that the decision was a mistake.
6. Discuss the employee’s final paycheck and severance pay if applicable.
7. Discuss vacation, sick leave or other benefits including COBRA or State Continuation.
8. Have the IT department remove the employee’s access to the computer system while the meeting is in progress.
9. Collect company property.
10. End the meeting.
An employee termination should never be a surprise. A progressive discipline process and an effective appraisal system should have been followed up to this point.
Do not tape record the meeting or allow the employee to record. However, always be mindful that the employee may have a hidden tape recorder and record without your knowledge. Ensure your statements and conduct are always defensible, always assume you are being recorded. If you wouldn’t want your words or actions described in exhibit A in a court room, don’t do it or say it.
The Whitford Group can assist you with any employee relations issue as well as all other employment law related compliance.
Please call or e-mail for your free, no obligation Risk Analysis to determine where you may be out of compliance. Call 704 905-7749 or e-mail TheWhitfordGroup@aol.com
Pleas visit our website at TheWhitfordGroup.com
Wednesday, August 26, 2009
Sunday, August 9, 2009
Bullet Proof Documentation - Part I
The Disciplinary Process & Bullet Proof Documentation Checklist - Part I
1. Identify the problem specifically. Is it poor performance or misconduct?
2. Review your employee handbook for specific policies and procedures; ensure they are sited.
3. Is a progressive discipline process in place? Is it adhered to consistently?
4. Review any documentation you have on file.
a. Has the employee been written-up for similar issues?
b. Did the supervisor discuss this/these issues with the employee?
c. Did the employee have a reasonable expectation that their job was in jeopardy?
5. Review job description, especially if poor performance is the basis for the discipline. Site the issues specifically in your write-up.
6. Review your past practice. In lieu of written policies, your past practice is your policy. Additionally, even if you have written policies and they have not been adhered to consistently, your past practice still prevails.
7. Investigate thoroughly and document your findings without making bias statements of conclusion during this phase. Summarize your conclusions of misconduct once the investigation is complete and the appropriate corrective action has been decided.
a. Include observable performance or behavior.
b. Document which rule or rules have been broken.
c. Don’t state “bad attitude”, it is indefensible in with regulatory agencies and in court. Again, stick to observable behavior.
d. Make it very clear “what” you are disciplining.
8. Discuss the issues with the employee. Ensure they understand what performance or misconduct standards have been violated. Always, always have a witness. Ideally it should be human resources or another member of management.
9. Develop a performance improvement plan, collaboratively if possible. An employee’s buy in is very important.
10. Set measurable, achievable goal and objectives. Be specific.
11. Determine if additional training, supplies, equipment, etc. are needed in order for the employee to comply with goals and objectives. Make them available.
12. Establish a follow-up procedure. Don’t forget! You run the risk of the employee believing the issue wasn’t that important in the first place and you weaken your defensible position should a regulatory inquiry or lawsuit develop.
Stay tuned for Part II of Bullet Proof Documentation premiering on a blog near you.
For assistance in developing effective policies, procedures, HR best practices, employee relations solutions and 3rd party investigation contact The Whitford Group at www.TheWhitfordGroup.com
You may also request a free, no obligation risk analysis through the website or by emailing to TheWhitfordGroup@aol.com
1. Identify the problem specifically. Is it poor performance or misconduct?
2. Review your employee handbook for specific policies and procedures; ensure they are sited.
3. Is a progressive discipline process in place? Is it adhered to consistently?
4. Review any documentation you have on file.
a. Has the employee been written-up for similar issues?
b. Did the supervisor discuss this/these issues with the employee?
c. Did the employee have a reasonable expectation that their job was in jeopardy?
5. Review job description, especially if poor performance is the basis for the discipline. Site the issues specifically in your write-up.
6. Review your past practice. In lieu of written policies, your past practice is your policy. Additionally, even if you have written policies and they have not been adhered to consistently, your past practice still prevails.
7. Investigate thoroughly and document your findings without making bias statements of conclusion during this phase. Summarize your conclusions of misconduct once the investigation is complete and the appropriate corrective action has been decided.
a. Include observable performance or behavior.
b. Document which rule or rules have been broken.
c. Don’t state “bad attitude”, it is indefensible in with regulatory agencies and in court. Again, stick to observable behavior.
d. Make it very clear “what” you are disciplining.
8. Discuss the issues with the employee. Ensure they understand what performance or misconduct standards have been violated. Always, always have a witness. Ideally it should be human resources or another member of management.
9. Develop a performance improvement plan, collaboratively if possible. An employee’s buy in is very important.
10. Set measurable, achievable goal and objectives. Be specific.
11. Determine if additional training, supplies, equipment, etc. are needed in order for the employee to comply with goals and objectives. Make them available.
12. Establish a follow-up procedure. Don’t forget! You run the risk of the employee believing the issue wasn’t that important in the first place and you weaken your defensible position should a regulatory inquiry or lawsuit develop.
Stay tuned for Part II of Bullet Proof Documentation premiering on a blog near you.
For assistance in developing effective policies, procedures, HR best practices, employee relations solutions and 3rd party investigation contact The Whitford Group at www.TheWhitfordGroup.com
You may also request a free, no obligation risk analysis through the website or by emailing to TheWhitfordGroup@aol.com
Subscribe to:
Posts (Atom)
