TRAINING LIBRARY Session 6 Content and Links

Employee Termination

Key Topics Covered in this session:

  • Employee termination is the number one cause of an employment insurance claim
  • Problem employees not only fail in their own job but lower company morale
  • Your discipline policy should allow discretion for management to choose appropriate step
  • Serious misconduct such as violence, sexual harassment & insubordination can result in termination for just one offense
  • Understand the risk factors of “protected classes” of employees (as defined by the EEOC)
  • The critical importance of a formal “termination document”
  • Proper procedures and guidelines for a termination meeting with terminated employee
  1. Performance Issues (e.g. work performance, attendance, etc.)
  • Progressive discipline is an effective performance management tool for managers
  • No Call/No Shows (NC/NS’s) – whether to issue written warning or terminate may depend on number of NC/NS’s
  •  test  
    • Must be consistent
    • For example, if your company policies and procedures state that an employee is considered to have abandoned job after 2 NC/NS’s, it’s important to remain consistent in enforcing that. 
  •  For practically all performance issues, it’s best to use a progressive discipline approach.  Common steps include verbal/written warnings, final warning/suspension and, if necessary, termination.
  1. Risk factors – It’s important to consider the risk factors in terminating employee.
  • Examples:
    • Long-term employee?
    • Minority?
    • Pregnant?
    • Age?
    • Physical or mental impairment?
      1. Prior workers’ comp claim(s)
      2. Illness/Leave of Absence – possible ADA accommodation
      3. Sexual orientation
      4. Sexual harassment complaint
      5. Previous discrimination complaint 
  1. Ready to terminate? Call the Helpline
  • Experienced employment attorneys can help you assess the situation
  • Your company receives a 50% reduction on EPL deductible if you follow advice of Helpline attorneys for an employee and that employee files a claim anyway
  1. Consistency of Termination Policies
  • Have we terminated all others, regardless of who they are, for the same offense(s)?
  • Have a solid and rational reason for terminating an employee
  • And finally, document the entire termination process
  1. The Final Termination Key Steps
    • Prepare a termination document (memo) with a description of infraction, reference any previous disciplinary action and accurately and clearly state the reason for termination
    • Understand that this process is an emotional time for the employee
  • Be professional in what you say and how you say it
  • Be honest about the true reason for the termination
    • Set up a formal termination meeting
  • Have two (2) copies of the termination memo (one for employee and one signed copy for the employer’s records
  • Have another manager present in the meeting as a witness
  • Check state laws regarding final paychecks, paid vacation, etc.
  1. Remember the Attorney Helpline 877-376-4100 is there to help you through this difficult task

Helpful Website Links on this Topic

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