In today’s we-want-to-be-the-employer-of-choice world, isn’t it counterintuitive to be telling each new employee, “We can fire you for any reason or no reason”?
In the face of the numerous exceptions to employment-at-will status (see yesterday’s Advisor), why would any company bother with at-will statements? Even though it may seem wrong from a morale standpoint, and even though employees can challenge it on many fronts, there are nevertheless, very good reasons to assert your at-will employment relationships, says Diana Gregory.
Gregory is senior human resources specialist at the Walnut Creek, California, office of Administaff, a professional employer organization and human resources outsourcing firm.
Easier Time in Court
First of all, she says, when your company includes solid at-will assertions in handbooks, offer letters, applications, promotion/transfer documents, disciplinary counseling documents, compensation agreements, or any documents or oral statements regarding the terms and conditions of employment, your attorney can ask the court to throw out any lawsuit that challenges a termination.
Cases Less Interesting to Plaintiff Attorneys
In addition, plaintiffs’ attorneys recognize that it will be more difficult to obtain damages when an employer has asserted the employee’s at-will status. They may be more reluctant to take the case. (If there is no at-will language, the plaintiff’s attorney can claim that employment terminations require just cause.)
Documentation Is Critical
Good documentation is the key to avoiding termination lawsuits, says Gregory. It not only serves as legal justification but also may prevent employees from believing they were unfairly or wrongly treated—and, thus, keep them from pursuing a lawsuit in the first place.
Bottom Line
Here’s the bottom line, says Gregory: Arguing before a judge or jury that your decision to terminate does not need justification because you had an at-will relationship is not a good strategy. Judges and juries will not believe that you fired someone for no reason, so they will wonder, why did you really fire the person?
Yes, you do have time to train managers and supervisors with BLR’s 10-Minute HR Trainer. Try it at no cost or risk. Read more
Training Is the Key
When supervisors are new to the job, they don’t know how to handle terminations (or hiring or discipline or managing FMLA or accommodating a disability, etc.).
It’s not their fault–you didn’t hire them for their HR knowledge, and you can’t expect them to act appropriately right out of the box. But you can train them to do it.
To train supervisors and managers effectively, you need a program that’s easy for you to deliver and that requires little time out of busy schedules. Also, if you’re like most companies in these tight budget days, you need a program that’s reasonable in cost.
We asked our editors what they recommend for training supervisors on the many HR challenges that hit their desks every day, in minimum time with maximum effect. They came back with BLR’s unique 10-Minute HR Trainer.
As its name implies, it trains managers and supervisors in critical HR skills in as little as 10 minutes each.
10-Minute HR Trainer offers these features:
–Trains in 50 key HR topics, including manager and supervisor responsibilities under all major employment laws, including how to legally carry out managerial actions from hiring to termination. For a complete list of topics, click here.
–Uses the same teaching sequence master teachers use. Every training unit includes an overview, bullet-points on key learnings, a quiz, and a handout to reinforce the learning later.
Train your line managers with BLR’s 10-Minute HR Trainer. There won’t be time for classroom boredom. Try it free. Read more
–Completely prewritten and self-contained. Each unit comes as a set of reproducibles. Just make copies or turn them into overheads, and you’re done. To see a sample lesson, click here.
–Updated continually. As laws change, your training needs do as well. 10-Minute HR Trainer provides new lessons and updated information every 90 days, along with a monthly Training Forum newsletter, for as long as you are in the program.
–Works fast. Each session is so focused that there’s not a second’s waste of time. Your managers are in and out almost before they can look at the clock. Yet they remember small details even months later.
Evaluate It at No Cost for 30 Days
We’ve arranged to make 10-Minute HR Trainer available to our readers for a 30-day, in-office, no-cost trial. Review it at your own pace and try some lessons with your colleagues. If it’s not for you, return it, at our expense. Go here and we’ll set things up.
Download list of training topics
Download sample lesson