Terminations spark a lot of legal actions. They can range from the simple EDD claim for unemployment to a Department of Fair Employment and Housing (DFEH) claim which may tie you up in legal actions for a year and cost thousands of dollars to defend yourself. From a article by theHRSpecialist.com:
1. New Hires….when you release a new hire for not following procedures, do you have a paper trail that shows you properly trained the employee?
2. Absenteeism…Documentation is critical to prove your position. Further, did you follow your policy of progressive discipline or did you not issue warnings and then want to terminate because “he has been late a lot”. Again, you are opening yourself for trouble. Always document at the time of the incident.
3. Misconduct….Did you get both side in the discussion before the termination, or are you relying on the supervisor’s opinion?
4. Suddenly Declining Performance….What is the root cause? Did you ask? Can you document you made efforts to change the behavior?
5. Resignations….Did you ask them to reconsider? Do you have an exit interview or other process? Have you heard of “constructive discharge”?
6. The “no reason” termination….Do you have an “at-will” policy in place? Do you apply it correctly? Have you documented the “real” reason you terminated the employee for future reference?
HR Mobile Services, Inc. works with many of these situations on a daily basis. We are here to help you work through the termination process to minimize your exposure and control the situation. It is a good policy to contact us when you have disciplinary issues before it gets to the termination process so we can lay the proper groundwork. Call us and we can walk you through it.