This
process satisfies a legal requirement
to terminate justifiably. It
also provides the employees
with fair and equal treatment
to understand performance issues
and be provided with an opportunity
to improve over a reasonable
and specified period of time.
Documented
verbal warning
Where the gap in job performance
is clearly explained to the
employee as well as the potential
outcome should performance not
improve.
Formal
written warning:
Outlining specific performance
issues that need to be addressed
and the potential outcome of
continued poor performance.
Final
written warning or Suspension:
Outlining specific performance
issues again, re-iterating the
severity of the situation. The
employee must clearly understand
that his/her job is in jeopardy.
Suspension
or Termination:
Depending on the severity of
the situation you may elect
to suspend to allow one additional
step in the process.
Documentation
Components of disciplinary action:
1. Expected Performance Standards
of the company
2. Current performance of the
employee or company policy breached
3. Cause of gap
4. Action plan taken
5. Follow-up date to evaluate
the employee.
6. Consequences Statement if
the employee doesn't improve
or correct the problem
7. Employee signature to attest
the employee has been meet
Remember: If you fire
an employee and a lawsuit is
brought against your company,
you should have adequate backup
documentation and proof as to
the rationale and reasonableness
for your activities. Continuous
employee appraisals that show
poor performance can be part
of the documentation. The safest
approach to firing an employee
is to make sure you have a reasonable
and legitimate business reason
adequately documented.
This is a list of some reasons
that should generally stand
up to legally fire an employee:
Consistent non-performance.
If an employee is unable to
do a competent job, and you
have given the employee a reasonable
opportunity to succeed, then
termination will often be seen
as appropriate.
Breach of company policy.
If you have established clear,
legal and consistent policies,
and the employee clearly has
violated them in a meaningful
way, then termination is appropriate.
Absenteeism
or tardiness. Continual
absence or tardiness jeopardizes
the ability of an employee to
complete important tasks. If
absenteeism or tardiness is
continual and unexcused, then
termination may be justified.
Falsified information.
If employees lie on their employment
applications or resumes as they
list fake degrees or jobs they’ve
never held termination of the
employee is usually warranted.
Physical
violence. All employees
are entitled to a safe work
environment, and employers have
a duty to take reasonable steps
to provide for that.
Drugs and alcohol. Depending
on the circumstances, being
under the influence at the office
may be grounds for immediate
suspension or termination. Some
companies offer treatment and
rehabilitation counseling as
an alternative to immediate
firing.
Illegal acts. If you
find the employee committing
illegal acts, such as theft
or embezzlement, immediate termination
is justified. Before you fire
the accused employee, however,
make sure you know all of the
facts and have gotten the employee’s
side of the story.
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