If termination is necessary, let it be a group decision, say the experts. That approach will hold up strongly against legal challenges. Here’s why:
First, specialized input. As we mentioned in yesterday’s Advisor, specialized members of the management team, like the HR manager, are in a better position to judge the appropriate action to take. They know about past practice, they know what the law says about discrimination and retaliation, and they will be aware of circumstances like the recent filing of an EEOC or other claim by the worker against the company.
Second, appearance of judiciousness. A group decision gives a stronger appearance of careful consideration. The decision of a single manager may easily be viewed as self-serving, emotional, or retaliatory, while the decision of a group appears more reasoned and businesslike.
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Third, available witnesses. Since litigation can go on for years, and since managers come and go, it wise to have several managers familiar with the particulars of a situation. Otherwise, by the time a case comes to trial, the only management witness may be long gone.
How to Stay Level-Headed
Termination is never easy, but managers must fight the temptation to “get it over with” as fast as possible. Doing it this way often leads to errors.
One of the best tools to keep people level-headed in tough situations like this is the checklist. Why? Checklists are completely impersonal, and they force you to jump through all the right hoops, one by one. They also ensure consistency … the same procedure done the same way in all cases. That’s vital in the HR setting, where even a hint of discrimination can land you in court.
One tool you might want to consider to keep your processes on the straight and narrow, when it comes to termination, as well as other key matters, is BLR’s HR Audit Checklists.
To that point, the book contains four checklists relating to termination. One lists 38 possible discrimination charges. You’d never remember to think of all of those possibilities without a checklist, but with it, it’s a matter of minutes to scan down the list and see where you might get tripped up.
In fact, housed in the HR Audit Checklists binder are dozens of extensive lists organized into reproducible packets, for easy distribution to all your line managers and supervisors. There’s a separate packet for each of the following areas:
–HR Administration (including communications, handbook content, and recordkeeping)
–Health and Safety (including OSHA responsibilities)
–Benefits and Leave (including health cost containment, COBRA, FMLA, workers’ compensation, and several areas of leave)
–Compensation (payroll and the Fair Labor Standards Act)
–Staffing and Training (incorporating Equal Employment Opportunity in recruiting and hiring, including immigration issues)
–Performance and Termination (appraisals, discipline, and termination)
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Anatomy of a Checklist Packet
And because the items on checklists may make little sense unless viewed in context, each packet also contains a background summary of laws and issues revolving around that topic. Let’s take the packet on Employee Handbooks in the HR Management section as an example.
Before starting the checklist itself, there’s a three-page overview of legal and practical issues relating to the subject of the list. One issue discussed is how a sloppily written handbook can actually form unintended contracts with employees.
Then the lists turn those issues into actionable items you can check on. Here are three items from the checklist on writing a handbook:
* Have you asked your attorney to review your handbook? []Yes []No
* Do you reserve the right to unilaterally alter your handbook? []Yes []No
* Do you require employees to acknowledge that employment is at will? []Yes []No
When you can answer “Yes” to all these questions, you’ve skirted a real danger … the possible abrogation of the employer-at-will relationship. But would you have thought of asking them without the prodding of a checklist? Now multiply that “save” into hundreds more like it, and you’ve got a sense of the value of the program.
HR Audit Checklists is available for a no-cost, no-risk evaluation in your office for up to 30 days. Click here and we’ll be happy to arrange it.