The Most Difficult Questions of All
- When can you discharge an employee?
- When can't you discharge an employee?
- What are sufficient grounds to take such action?
- How long do we have to wait before we can get rid of a problem employee?
These are common, but complex, questions - probably the most difficult questions any manager will face. And, unfortunately, there are no simple answers to guide you.
Some questions are easier to answer than others. Employees committing significant criminal acts in the workplace - such as violence, theft, and illegal drug use - must be dealt with promptly, and termination is often the appropriate outcome assuming the organization follows the proper procedures. However, an organization often wants or needs to discharge an employee for less dramatic but still legitimate and lawful reasons. Again, the best solution is to follow proper procedures - although the specific procedures are never exactly the same in any two situations.
In determining what procedures are "proper" in any given case, you must first turn to the relevant authorities:
- Your organization’s policies;
- Any applicable contracts and agreements; and
- The law.
In most cases, there will be some warning signs - both for the employer and, hopefully, the employee - prior to the decision to terminate employment.
Assuming there is no serious misconduct, an employer should take appropriate action (typically, not discipline) to provide constructive criticism at the earliest opportunity. In this way, the employee receives valuable feedback in a positive way, and the employer is more likely to receive quality work performance in return.
If performance does not improve, then the employer will typically move into disciplinary (but still constructive) action. Ultimately, with still no improvement, termination may become necessary. But, the employer and the employee should be able to understand that such termination was necessary.
Needless to say, organizations must follow their own policies and procedures. It is also important to document the:
- Underlying performance problems;
- Steps taken by the employer to correct those problems; and
- Lawful basis for the ultimate outcome - in these cases, the termination of employment.
Although each employment problem must be judged on a case-by-case basis (at least to a certain extent), you can do a lot to prevent a termination decision from turning into the proverbial "federal case."
Bottom Line:
Following the proper procedures as required by your organization’s policies, any applicable contracts and agreements, and the law will help you arrive at better results in the workroom and fewer visits to the courtroom. In fact, a proactive and constructive manager can actually help prevent termination claims - and even the termination of otherwise valuable employees.
This article is reprinted with permission from the AGOS Group's website, www.AGOSNet.com.
 |
The AGOS Group is a risk management consultation group whose mission is to help prevent workplace loss and litigation. Founded in 1993, the group's services range from claims and incident prevention to training.
|
|
