Safe Termination

1. Safe Termination Carol Pinkasavage, PHR HRS/TND Associates, Inc. www.hrstndassociates.com 610/371-9505

2. ‘Employment at Will’ • Employee can be terminated at any time • For any reason EXCEPT: • Unlawful DISCRIMINATION • RETALIATION for complaining about unlawful action • Exercising legal right (FMLA, military leave, etc) HRS/TND Associates, Inc.

3. So What’s the Big Deal???? • Can you prove absence of unlawful action? • Employee threats, suits and claims are time-consuming and expensive HRS/TND Associates, Inc.

4. Documentation is Vital • Job Descriptions • Policies/Procedures • Performance Appraisals • Disciplinary Action HRS/TND Associates, Inc.

5. Why Job Descriptions? • Recruitment • Training • Performance appraisals • Tool for ensuring compliance with FLSA HRS/TND Associates, Inc.

6. Policies/Procedures • Current ? • Compliant ? • In a policy manual for supervisors • Condensed in Employee Handbook • Review ANNUALLY HRS/TND Associates, Inc.

7. Useless if not Understood • Training for Supervisors: • new supervisors • new policies/procedures • retrain periodically • Employee Training -- get signature • new hire orientation • new policies/procedures HRS/TND Associates, Inc.

8. New Employees – start ‘em right • Orientation • ‘new employment’ period ? • Employee Handbook • Job Description • Feedback HRS/TND Associates, Inc.

9. Performance Appraisals • Establish objectives, expectations & performance management criteria for each position • Provide feedback on performance • Interactive between supervisor and employee • Employee development plan HRS/TND Associates, Inc.

10. Employee Discipline • Develop ‘Standards of Conduct’ • Document & communicate disciplinary procedures • HR role to ensure discipline is applied consistently and fairly • Training & retraining crucial • HR review of all discipline documentation BEFORE it is used HRS/TND Associates, Inc.

11. Progressive Discipline? • Clear-cut steps for dealing with ongoing issue • Does not solve employee with variety of discipline issues • ‘Standards of Conduct’ list should state which acts are cause for immediate discharge HRS/TND Associates, Inc.

12. Causes for Discipline • Poor performance • Poor attendance/tardiness • Violations of company policy • Dishonesty • Safety and Health Threats HRS/TND Associates, Inc.

13. Poor Performance • Provide specific feedback to employee • Requires documentation of ‘gap’ and specific improvements actions & results • Ensure impartial and consistent treatment • Discharge of ‘protected’ employees requires careful records HRS/TND Associates, Inc.

14. Poor Attendance and Tardiness • Is policy clear? • Distinguish between excused and unexcused absence • Does a short run of good attendance wipe the slate clean? • BE CONSISTENT • Document ALL absences and tardiness HRS/TND Associates, Inc.

15. Violation of Company Policy • Are all company policies clearly outlined in handbook? • Ensure consequences are clear • Document distribution of policies to employees HRS/TND Associates, Inc.

16. Dishonesty • Base decisions on solid evidence • Consider developing Code of Ethics • Don’t tolerate dishonesty HRS/TND Associates, Inc.

17. Safety and Health Threats • Violations of Safety policies/procedures • Violations of Drug/Alcohol policy HRS/TND Associates, Inc.

18. Avoid “Knee Jerk’ Reactions • Suspension – valuable tool • Empower supervisors • Involve HR, higher management ASAP HRS/TND Associates, Inc.

19. Investigations • Get all facts behind incidents • Document all interviews conducted • Consider individual extenuating circumstances • Distinguish between isolated incident and pattern of behavior HRS/TND Associates, Inc.

20. Should you Terminate? • Can employee be ‘saved’? • Is decision impartial and consistent with decisions in similar situations? • Does ‘punishment fit the crime’? • Consider all ramifications: • vulnerability to suit/discrimination charge • impact on organization with loss of employee HRS/TND Associates, Inc.

21. Are There Reasonable Alternatives? • Reassignment to another position • Additional training • Use of Employee Assistance Program HRS/TND Associates, Inc.

22. When it’s Safe to Discharge • For acts listed in employee handbook as cause for discharge • For acts listed in the employee handbook as cause for discharge following progressive discipline steps • Continued poor performance following warnings, performance appraisals, etc outlining issue and providing opportunity and guidelines for employee to correct HRS/TND Associates, Inc.

23. Termination Preparation • Make full use of performance appraisals • Avoid ‘inflation’ • Keep detailed documents • Ensure disciplinary documents are signed by employee • Have witness to progressive discipline meetings as steps progress HRS/TND Associates, Inc.

24. Involuntary Termination Checklist • Supervisors: review with HR/upper mgmt before taking action • Ensure that appropriate documentation exists • Review entire case as impartial party, such as UC referee • Termination letter • Follow policy regarding final pay and benefits, COBRA HRS/TND Associates, Inc.

25. Termination Meeting • Two members of management • One takes notes • Keep meeting short and simple!! • Escort employee out • Have computer access turned off • Inform other employees –’no longer employed’ HRS/TND Associates, Inc.

26. Safe Termination