Termination of Employment Total HR Solutions
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Types of Terminations
Voluntary Cause Performance Layoffs
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Types of Terminations
Voluntary Termination
Termination for Cause
Occurs when an employee does something to justify being fired, reasons may include: theft, workplace violence or harassment
Poor Performance
Initiated by the employee
Employee does not perform the job adequately
Layoffs
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Employees are terminated through no fault of their own
Causes of Employee Termination
Poor Performance Unable to perform the job functions
Tasks Refusing to follow orders and complete tasks or an inability to complete tasks
Violation of Company Policy or Rule
Dishonesty Lying on resume, during job interview or at work
Personal Business Using company time for personal use
Social Skills
Excessive Tardiness/Absence
Downsizing
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Communicating Terminations Effectively
Respect the person being terminated.
Do not justify the reason for terminating to the remaining employees, this violates the confidentiality of the situation.
If the employee refutes the termination, the hiring manager should emphasize that the company has made this business decision and that it is final.
To avoid lawsuits, always have two staff members present when terminating an employee.
Avoid extensive conversation with the terminated employee, as most suits arise as a result of the statements made during the actual termination and the reasons for which the person was let go.
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Employee Termination Process Inform the human resources department of your intent to terminate an employee.
When a company makes the decision to terminate an employee, the employee's direct supervisor should conduct a termination meeting with the employee. The supervisor should hold the meeting in an area away from the presence of other employees.
During the meeting, tell the employee why he or she is being terminated. Explain to the employee when the termination is effective and that the decision will not be revoked. In the case of unsatisfactory work performance or bad behavior, the termination generally occurs on the spot. In the case of a layoff, the employee is sometimes given advance notice.
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Employee Termination Process
The supervisor must also inform the employee of any unemployment benefits, health insurance, vacation or severance pay that he is entitled to. Be sure to follow your state's final pay guidelines to ensure timely and accurate payout of the employee's last check and vacation time.
If the reason for termination stems from issues with the employee's punctuality or attendance, send him or her a written termination notice by certified mail. In other cases, hand the employee a copy of her separation notice.
If an employee is terminated due to a layoff, offer to help him or her find another job in the form of a recommendation or a referral.
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Employee Termination Process
If the employee is prone to react violently or threatens to take legal action, prepare a termination statement and read it to the employee. If necessary, have security or law enforcement at the facility.
After the termination meeting, document it in writing; note what you relayed to the employee and what he or she said.
Sometimes the terminated employee has access to the company's computer files, financial information, or other confidential data. In this case, it is best to have a suitable employee closely monitor the terminated employee until he or she leaves the facility.
When an employee resigns, some companies will perform an exit interview---a meeting either in person or via telephone between the company's HR personnel and the employee.
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Employee Termination LAWS 1.
Termination Notice
2.
Discrimination
3.
The Fair Labor Standards Act (FLSA) does not mandate that employers give the employee notice of termination or layoff. The exception is in the case of mass layoffs and plant closings. The Equal Employment Opportunity Commission (EEOC) protects employees against employment discrimination. An employer is prohibited from terminating an employee based on age, race, sex, color, religion, nationality, disability or military status.
Final Paycheck
When a worker's employment ends, the time frame in which final wages are due depends on the state. Most employers issue the employee's final paycheck immediately upon termination or on the upcoming payroll.
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Termination Checklist Gather employee documentation. Review all paperwork, forms and documents with the human resource department
to ensure compliance with laws and company procedures.
Schedule a meeting time and location and invite another manager to the meeting to
serve as a witness to the proceedings.
Conduct the termination discussion by stating the reason for the termination and
when it takes effect. State that the decision is final. Request all company property, keys, equipment and supplies be returned.
Answer all questions regarding final paycheck, continuation of benefits and other
termination details regarding personal property. Escort employee from the property or arrange for specifics regarding when the employee must leave.
Complete all paperwork, forms and documents and file them according to your
company's procedures. Contact your human resource or legal department and report any concerns that arose because of the termination meeting.
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