Managers always “want to get it over with” once they’ve decided they want to fire someone. That’s no surprise, but HR can’t let it happen. Step back and assess the whole picture before acting.
Yesterday, we covered the critical termination policy issues that you must address. Today, again courtesy of BLR’s SmartPolicies® program, we’ll look at key questions you must answer before terminating an employee.
Documentation. Do you have the records you need to show a legitimate business reason for the termination?
Treatment in relation to others. Does it look as if you’re out to “get” this employee?
Discrimination. Is there a possibility that discrimination (sex, age, race, religion, workers’ compensation, disability, national origin, marital status, garnishment, leave status, polygraph, etc.) could have been a factor in the decision to terminate?
Unfair treatment. Will the employee soon vest in any bonus, retirement benefit, or other benefit?
Retaliation. Has the employee recently filed a claim or made a complaint about safety, wages, harassment, etc.?
BLR’s SmartPolicies supplies 350 HR policies, prewritten for you, ready to customize or use as is. Click here to examine it at no cost or risk.
Adequate notice. Will the employee be surprised? (Unless the reason for termination is a sudden single act, the employee should be aware of performance or behavior problems.)
If you answer any of the above questions in the affirmative, step back and satisfy yourself that going ahead with the termination is the best course.
Investigation. Did you investigate to find out what really happened?
Policy. Did you follow your policy?
Opportunity to explain. If you are terminating the employee for cause, have you provided the employee an opportunity to correct the behavior or to explain the behavior?
Consistency. Is this action consistent with the action that has been taken in the past in similar circumstances?
If you answer no to any of the above questions, you may want to reconsider the decision to terminate.
What Alternatives Are Available?
Finally, it’s important to ask (because the jury will want to know), did you consider alternatives? Naturally, there are many clear-cut cases where termination is the only alternative. There are, however, other possibilities to consider. For example:
- Reassignment
- Further training
- Counseling
Why write your own policies when we’ve already done it for you … at less than $1 each! Inspect BLR’s SmartPolicies at no cost or risk.
OK, that’s 2 days worth of termination policy tips. Now, how about 50 or so other policies that should be written or updated? It’s easy to let it slide, but you can’t backburner work on your policies—they’re your only hope for consistent and compliant management that avoids lawsuits.
Fortunately, BLR’s editors have done most of the work for you in their extraordinary program called SmartPolicies.
SmartPolicies’ expert authors have already worked through the critical issues on some 100 policy topics (just as they did for termination), and have prewritten the policies for you.
In all, SmartPolicies contains some 350 policies, arranged alphabetically from Absenteeism and Blogging to Cell Phone Safety, Voice Mail, and Workers’ Compensation. What’s more, the CD format makes these policies easily customizable. Just add your company specifics or use as is.
Just as important, as regulations and court decisions clarify your responsibilities on workplace issues, the policies are updated—or new ones are added—as needed every quarter, as a standard part of the program.
SmartPolicies is available to CED subscribers on a 30-day evaluation basis at no cost or risk … even for return postage. If you’d like to have a look at it, let us know and we’ll be happy to arrange it.
Download your free copy of 20 Must-Have Employee Handbook Policies today!
Don’t forget to train your managers that they should *always* talk to HR before terminating an employee, no matter how valid their reasons may be. Even if a termination is 100% justified, there’s almost never a reason to rush it through without the proper protocols.
Don’t forget to train your managers that they should *always* talk to HR before terminating an employee, no matter how valid their reasons may be. Even if a termination is 100% justified, there’s almost never a reason to rush it through without the proper protocols.
I agree. One reason this training–to always consult HR– should always take place lies in this key question from the article: “Treatment in relation to others. Does it look as if you’re out to “get” this employee?”
For example, a manager could come to HR beleiving that termination is the best recourse for an employee given the circumstances. But HR might know that another employee was once in the same circumstances (as the one the manager currenlty wants to terminate) and was retained/given another chance. So, termination could look suspect in front of a judge or jury, even if there was no discriminatory intent by the manager due to the disparity in treatment.
I agree. One reason this training–to always consult HR– should always take place lies in this key question from the article: “Treatment in relation to others. Does it look as if you’re out to “get” this employee?”
For example, a manager could come to HR beleiving that termination is the best recourse for an employee given the circumstances. But HR might know that another employee was once in the same circumstances (as the one the manager currenlty wants to terminate) and was retained/given another chance. So, termination could look suspect in front of a judge or jury, even if there was no discriminatory intent by the manager due to the disparity in treatment.