Safe Termination

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Safe Termination

• Carol Pinkasavage, PHR
• HRS/TND Associates, Inc.
• www.hrstndassociates.com
• 610/371-9505

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Employment at Will

• Employee can be terminated at any time
• For any reason EXCEPT
• Unlawful DISCRIMINATION
• RETALIATION for complaining about unlawful action
• Exercising legal right (FMLA, military leave, etc)

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So Whats the Big Deal????

• Can you prove absence of unlawful action?
• Employee threats, suits and claims are
  time-consuming and expensive

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Documentation is Vital

• Job Descriptions
• Policies/Procedures
• Performance Appraisals
• Disciplinary Action

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Why Job Descriptions?

• Recruitment
• Training
• Performance appraisals
• Tool for ensuring compliance with FLSA

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Policies/Procedures

• Current ?
• Compliant ?
• In a policy manual for supervisors
• Condensed in Employee Handbook
• Review ANNUALLY

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Useless if not Understood

• Training for Supervisors
• new supervisors
• new policies/procedures
• retrain periodically
• Employee Training -- get signature
• new hire orientation
• new policies/procedures

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New Employees start em right

• Orientation
• new employment period ?
• Employee Handbook
• Job Description
• Feedback

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Performance Appraisals

• Establish objectives, expectations performance
  management criteria for each position
• Provide feedback on performance
• Interactive between supervisor and employee
• Employee development plan

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Employee Discipline

• Develop Standards of Conduct
• Document communicate disciplinary procedures
• HR role to ensure discipline is applied
  consistently and fairly
• Training retraining crucial
• HR review of all discipline documentation BEFORE
  it is used

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Progressive Discipline?

• Clear-cut steps for dealing with ongoing issue
• Does not solve employee with variety of
  discipline issues
• Standards of Conduct list should state which
  acts are cause for immediate discharge

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Causes for Discipline

• Poor performance
• Poor attendance/tardiness
• Violations of company policy
• Dishonesty
• Safety and Health Threats

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Poor Performance

• Provide specific feedback to employee
• Requires documentation of gap and specific
  improvements actions results
• Ensure impartial and consistent treatment
• Discharge of protected employees requires
  careful records

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Poor Attendance and Tardiness

• Is policy clear?
• Distinguish between excused and unexcused absence
• Does a short run of good attendance wipe the
  slate clean?
• BE CONSISTENT
• Document ALL absences and tardiness

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Violation of Company Policy

• Are all company policies clearly outlined in
  handbook?
• Ensure consequences are clear
• Document distribution of policies to employees

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Dishonesty

• Base decisions on solid evidence
• Consider developing Code of Ethics
• Dont tolerate dishonesty

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Safety and Health Threats

• Violations of Safety policies/procedures
• Violations of Drug/Alcohol policy

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Avoid Knee Jerk Reactions

• Suspension valuable tool
• Empower supervisors
• Involve HR, higher management ASAP

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Investigations

• Get all facts behind incidents
• Document all interviews conducted
• Consider individual extenuating circumstances
• Distinguish between isolated incident and pattern
  of behavior

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Should you Terminate?

• Can employee be saved?
• Is decision impartial and consistent with
  decisions in similar situations?
• Does punishment fit the crime?
• Consider all ramifications
• vulnerability to suit/discrimination charge
• impact on organization with loss of employee

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Are There Reasonable Alternatives?

• Reassignment to another position
• Additional training
• Use of Employee Assistance Program

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When its Safe to Discharge

• For acts listed in employee handbook as cause for
  discharge
• For acts listed in the employee handbook as cause
  for discharge following progressive discipline
  steps
• Continued poor performance following warnings,
  performance appraisals, etc outlining issue and
  providing opportunity and guidelines for employee
  to correct

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Termination Preparation

• Make full use of performance appraisals
• Avoid inflation
• Keep detailed documents
• Ensure disciplinary documents are signed by
  employee
• Have witness to progressive discipline meetings
  as steps progress

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Involuntary Termination Checklist

• Supervisors review with HR/upper mgmt before
  taking action
• Ensure that appropriate documentation exists
• Review entire case as impartial party, such as UC
  referee
• Termination letter
• Follow policy regarding final pay and benefits,
  COBRA

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Termination Meeting

• Two members of management
• One takes notes
• Keep meeting short and simple!!
• Escort employee out
• Have computer access turned off
• Inform other employees no longer employed

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Safe Termination