In yesterday’s Advisor, we talked about helping new supervisors with tricky disciplinary issues. Today, we’ll tackle termination, and take a look at a unique new "boot camp" for supervisors.
Supervisors need clear guidance and strong reminders about their HR responsibilities. You can’t use the "hope system" with compliance issues (“We hope they’re doing it right.”). Here’s an example of a supervisor handout from BLR’s 10-Minute HR Trainer:
1. Know When It Is—and Is Not—Legal to Fire an Employee
- "Employment at will" allows firing employees for any reason not limited by contracts, state laws, or discriminatory or other illegal situations. (However, that doesn’t mean fire people for no reason.)
- Employees can be fired for violations of acts listed in employee handbooks as cause for discharge.
- Employees can be fired for poor performance or other documented reasons. (Employees should be informed of these problems and given a chance to correct them.)
- Employees can’t be fired for reasons such as:
- Discrimination by age, sex, race, disability, marital status, national origin, color, religion, etc.
- Retaliation for safety or discrimination complaints, workers’ comp claims, union activities, time off for jury or military service, etc.
2. Consult HR Before Proceeding with a Discharge
- Investigate and document the situation carefully before acting.
- Review facts and documentation supporting the discharge with HR.
- Be sure any disciplinary steps have been followed and documented.
- Proceed only if HR agrees that discharge is called for.
- Remember that discharging a longtime employee with a previously good record can lead to charges of discrimination.
- Follow HR’s recommendations if the case is not clear-cut.
- If you decide to proceed with the termination, find out from HR what you have to cover in the termination meeting.
Untrained supervisors—ticking time bombs? They’re trying to do the right thing, but they won’t get it right without training. Time for supervisor boot camp? This unique 6-hour webinar will help get them up to speed—without leaving the building. Click here for details.
3. Conduct a Termination Meeting
- Schedule at least 30 minutes in a private setting.
- Have a manager present if called for by organizational policies.
- Explain exactly what’s happening and why.
- Present the facts in a calm, businesslike way.
- Review the violation, prior warnings, lack of improvement, etc.
- Don’t try to make the situation sound better than it is.
- Avoid promises you can’t keep regarding benefits or another job.
- State clearly that the decision is final.
- State the exact date and time employment ends.
- Don’t mention the employee’s age, sex, etc., in any manner.
- Stay calm and firm if the employee reacts emotionally. Anger, tears, and other reactions are common and understandable.
4. Provide Information on Termination Procedures
Arrange to have information and paperwork covering topics such as:
- Eligibility and forms for unemployment compensation
- Any salary, vacation, or other money owed to the employee
- Insurance and COBRA coverage
- What, if anything, other employees will be told
- What, if any, references will be given
- Any outplacement or other services available
- Any documents that must be signed
Arrange for the employee to turn in any company materials or information such as:
- Keys or access cards or other 1D cards
- Company-owned equipment
- Information on current projects and future commitments
Arrange to block employee computer and building access.
Have everyone present sign a written record of the meeting.
You Understand Your Risks and Obligations …
As an experienced HR professional, you know and understand the employment laws that apply to terminations and a host of other actions. You know why it’s a bad idea from a legal standpoint to terminate an employee without warning, to move an employee who has complained about harassment to a different department or shift, or to neglect performance evaluations.
But Do Your Supervisors Know?
Your frontline supervisors are your first line of defense—often your only line of defense—between your company and a nasty lawsuit. But some supervisors say they’re “too busy managing” to worry about the legal stuff. Some honestly think they understand and properly apply the law—but they don’t. And some have probably reacted with “you’re not the boss of me.”
It’s Time for Boot Camp
Just gather your supervisors around a phone and an Internet hookup. In under 6 hours we’ll give them the basics of what they need to stay in compliance—and keep your company out of court. Knowledge for them; peace of mind for you.
You can have your supervisors stay for all five sessions, or swap them in and out so that they’re attending just the sessions you want them to focus on (if you’d like to sit in as well, you can earn up to 5 hours of HRCI credit).
Each session will include about 45 minutes of presentation time, followed by 15 minutes of live Q&A. Supervisors may submit their questions in real time either over the phone or using the webinar interface—anonymously, if they wish.
And, best of all, you can train your entire team of supervisors for one low registration rate. It’s incredibly cost-effective training—perfect for these tough economic times.
Virtual Boot Camp: Compliance Training for Supervisors
The date is Wednesday, October 7, 2009. The time is 11:00 a.m. – 4:45 p.m. (Eastern Time—adjust the times below for your time zone).
Boot Camp Detailed Schedule
11 a.m.-Noon
Hiring: How to Attract and Select Top Candidates—Legally
- Interview questions your supervisors should—and shouldn’t—ask
- How to safely investigate red flag issues, such as resume gaps
- Interview topics that pose the most risks for employers
- How to recover when an interview strays to a risky topic
Right now, as you read this, one of your supervisors could be unknowingly laying the groundwork for an expensive lawsuit. Yes, it’s time for “supervisor boot camp,” a special 6-hour webinar designed just for supervisors. Click here for details.
Noon-1 p.m.
Problem Employees: Dealing with the Difficult, the Deceitful, and the Duds
- How supervisors can best communicate—and enforce—job expectations
- Why problems must be nipped in the bud, and how to go about this
- Tips for performing timely, detailed performance evaluations—and why they’re so crucial
- Steps to take if it becomes apparent that termination will be necessary
1:30-2:30 p.m.
Harassment: What to Do When an Employee Brings a Complaint
- Why a prompt, thorough investigation is a necessity
- How to interview witnesses and draw conclusions
- When and how to get HR involved
- Dealing with the post-investigation aftermath
2:45-3:45 p.m.
Terminations: How to Minimize the Legal Risks
- Why it’s essential to gather documentation before termination
- How to avoid claims of retaliation following protected activity
- What to say—and not say—during the termination meeting
- How to handle an employee who poses a violence risk
3:45-4:45 p.m.
Hot Topics: What Supervisors Need to Know Now
- What supervisors need to know about the recent changes to the FMLA and the ADA
- Tips for managing effectively in a recession
- Wage/hour update for supervisors
- Other breaking developments supervisors need to know about
For more information or to sign up, click here.
How Does a Webinar Work?
A webinar is remarkably cost-effective and convenient. You participate from your office, using a regular telephone and a computer with an Internet connection. You have no travel costs and no out-of-office time.
Plus, for one low price you can get as many people in your office to participate as you can fit around a speakerphone and a computer screen.
Because the conference is live, you can ask the speakers questions – either on the phone or via e-mail.
You will receive access instructions via e-mail several days before the event. You don’t need any additional materials before the webinar starts. Your conference materials will be available for you to view, print, and download when you log in to participate in the event.
Get more information or sign up.
Other Recent Articles on Training
New Supervisors—Ticking Time Bombs?
I Taught Them, But They Didn’t Learn
Can You Still Tell a Joke in the Office?
How Many ‘F Bombs’ Before It’s Illegal?