HR Unit 8 | Administrative Career Training Institute

Unit 8 TERMINATION

Terminating an employee without following the right procedure and creating a plan of action can lead to lawsuits since it is illegal for the firing to be a surprise. However, this article will exclusively explore the right procedure for legally terminating an employee.

Preparing to terminate an employee is very important since it ensures that the laws are not violated. Also, it is important to ensure that the human resources attorney is consulted before taking any step to fire an employee in order to ensure the bases are covered.

It is advisable to think through and review the decision for termination since it may be due to the heat of anger. However, taking some time to reflect and having careful review of all relevant documents and facts helps to come up with a good decision.

Holding a carefully planned termination meeting is very crucial since it reduces emotional distress to the employee being discharged. Also, this meeting minimizes potential legal liability and protects the employees and property of the company.

The employee should be treated with respect and dignity in the termination meeting by ensuring that there is follow up after firing. However, the discharged employee can be shown sensitivity to the employee’s reaction and being allowed to speak with the other employees after the meeting.

Procedure for legally terminating an employee

Managers must be aware of the proper ways to legally terminate employees.

Firstly there must have been a reason(s) summing up to the dismissal:- **The Employee's failure to accomplish their tasks or having done something wrong. The employee will have to be disciplined :

(1) This may include verbal warnings,

(2) Written warnings

(3) Suspension after the issuance of three written warning notices.

(4) Immediate Suspension pending an investigation, depends on the matter.

(5) Immediate termination of employment, depending on the matter.

To ensure that the process is carried out easily :-

(1) The employee can be given a chance to explain his/her behavior either in writing or at a meeting present by two or more individuals. This may or may not help to rectify the problem depending on the situation.

(2) A third party should be present when giving notices, suspending or terminating an employee so that nothing can be used against them in a lawsuit.

(3) The Human Resource manager is the most appropriate person to issue these things and have them documented and if possible the employee should sign for receiving notices and also for what was discussed at the termination meeting.

(4) An independent consultant can be called in to give appropriate advice on how to handle the given situation.

Student's Name*

1. Why is it important for a company to have a procedure for terminating employees? Should the employee be made the aware of these procedures upon employment at the company?*

2. Jenny, a single mom, is consistently late for work due to issues with childcare. What procedure would you use to terminate her employment? Other than firing Jenny, what measures can the company implement to accommodate her?

3. What possible support services could a company offer to workers who are to be terminated?

4. Give 2 instances where a 3rd party should be involved in terminating an employee. What benefit could the 3rd party provide to the termination process?

5. Retrenchment and lay-offs are other means of terminating a worker's employment. How do these two methods differ from the firing of an employee?