Terminations are breeding grounds for expensive lawsuits. Yesterday's Advisor presented the first 7 of 10 questions you should ask before terminating employees. Today we'll cover questions 8 through 10, plus look at a handy terminations checklist from HR.BLR.com®.

8. Do you have a well-documented business reason for the termination?

Generally, if you can produce a well-documented business reason for your termination—for example, poor performance—you are more likely to avoid—or win—any lawsuit.

9. Do you have supporting documentation?

Imagine yourself on the witness stand explaining that a termination was due to poor performance. Then the defense attorney produces a string of performance appraisals—signed by you—that say “satisfactory” or “good.” Case closed. No matter what you say now, you're a liar. You were lying then or you are lying now.

Sometimes it doesn’t even take a formal document to show acceptable performance. Just the fact that you treated the employee like other good-performing employees—i.e., gave raises and bonuses--is enough to convince a jury that you are fabricating the poor performance reasoning.

10. Have you been fair?

As many organizations have found out to their dismay, being technically correct in a legal sense is often not enough. Juries often react more on the basis of fairness than of law. And, by the way, so do the rest of your employees. Therefore, it is necessary to evaluate both the actual legal requirements and the softer issue of fairness before terminating an employee.

The solution to shrinking HR budgets—Take a no-cost, no-obligation look at HR.BLR.com® and get a complimentary copy of our special report i. It’s yours to keep, no matter what you decide. Learn more.

Terminations Checklist

Here's another take on pretermination lawsuit prevention—a checklist from HR.BLR.com that recommends answering these questions before firing an employee:

  • Have the violations been thoroughly documented and investigated?
  • Are there objective facts to support the discharge?
  • Has the employee been told that discharge would be the next step in the disciplinary process?
  • Is the violation so serious that it requires immediate discharge?
  • Do employee handbooks clearly state that an employee can be discharged for this violation?
  • Does the employee know the appropriate rule and penalties?
  • Has there been a serious, documented effort to help the employee correct the behavior or performance?
  • Have other employees been discharged for the same violation?
  • Are there any mitigating circumstances in the employee’s history or situation?
  • Has the employee received a fair, open-minded hearing of his or her side of the story?
  • Has this employee been allowed to get away with this behavior in the past?
  • Have other employees been allowed to get away with this behavior in the past?
  • Has the employee exercised legal rights for which this could be considered retaliation?
  • Has the employee been treated fairly, without bias or discrimination?
  • Would an objective outsider agree that there is documented cause for discharge?

If you answer “no” to any of the questions above, review the situation carefully before making a termination decision.

OK, you say, HR.BLR.com can help me with my terminations. Now, how about my EEO-1 reports, benefits, intermittent leave, training, and accommodation requests?

Finally—a one-stop solution to all your HR compliance and training needs. Examine HR.BLR.com and get a complimentary gift. Here's how.

In HR, if it's not one thing, it's another. You need a go-to resource 24/7, and our editors recommend the “everything HR in one website,” HR.BLR.com. We should point out that the checklist above is just one example of the practical help you'll find at HR.BLR.com. We're talking about ready-to-go training, prewritten job descriptions and policies, handouts, checklists, and practical analysis of HR-related laws and current issues.

Take a look; get a complimentary special report!

You can examine the entire HR.BLR.com program without any cost or commitment. It's quite remarkable—30 years of accumulated HR knowledge, tools, and skills gathered in one place, all accessible at the click of a mouse. What's more, we'll supply a free download copy of our special report Critical HR Recordkeeping just for looking at HR.BLR.com. Here's how to start your no-obligation trial—and get the special report, no matter what you decide.

 

Other Recent Articles on HR Policies and Procedures

The 10 Questions You Must Ask Before Firing
Effective Wellness Means Branding, Integration
Corporate Wellness—Real World ROI of 4 Plus 5
Monitoring the Use of Electronics? Privacy Alert!