how to legally terminate
TRANSCRIPT
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CPEhr ManagementTraining
presents
The TerminationProcesscopyright 2013 CPE HR, Inc. All rights reserved
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Focus Review costs of termination Identify employment laws that affecttermination Understand at-will Define legitimate reasons for
termination Discuss the cost of unemployment andwhy employers losecopyright 2013 CPE HR, Inc. All rights reserved
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Termination should bethe STresortcopyright 2013CPE HR, Inc. All rights reserved
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Turnover CostsTurnover is expensive; we
should always consider thepossibility to:Retain and Retraincopyright 2013 CPE HR, Inc. All rights reserved
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Cost of TurnoverHourly Rate Gross Turnover costs
$8.00 $18,027 $9K-11K$10.00 $22,534 $11K-13K$15.00 $33,801 $17K20K
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Cost of Turnover(cont.) Separation costs/unemployment Overtime, employee morale Hiring costs including ads, interviewing andtraining New learning curve costs Productivity Customer business and general confidencecopyright 2013 CPE HR, Inc. All rights reserved
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Is It ReallyTime to Terminate? Termination may create more problemsthan it solves
Overtime Employee morale/stress Understaffed Safety and quality
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Consider This Are you acting without all the facts? Is there sufficient documentation? Is there a possibility of discriminationor perceived discrimination? Have policies been fairly applied? Are you firing the personality?
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What Have You Tried? Coaching Additional formal training Performance Improvement Plan (PIP) Progressive discipline Reassignment to a different position
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Legalities To Consider Title VII-1964 FEHA/DFEH PDL FLSA OSHA/Whistle Blower laws ADA-1963 (ADAAA) ADEA-1967 USERRA
Know the lawscopyright 2013 CPE HR, Inc. All rights reserved
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At Will Employment States an employee may quit without noticeor reason and an employer may terminate
without notice or reason Notifies absence of contract BE CAREFUL---this is NOT permission to
illegally fire an individual Documentation is STILL a mustcopyright 2013CPE HR, Inc. All rights reserved
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Insubordination The employee understood the order The order itself was not illegal The order is within the scope of the job Employees insubordination wasintentional Order was important and notinconsequential
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Breaking the Law Did the illegal activity happen outsideof work? Has the employee been convicted? Is the crime related
to the job?copyright 2013 CPE HR, Inc. All rights reserved
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Dishonesty Do not tolerate dishonesty Base your decisions on solid evidence Recognize that dishonesty comes inmany forms (applications) Use a code of ethicscopyright 2013 CPE HR, Inc. All rights reserved
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Safety and Health Threats Drugs and alcohol
problems AIDS Violencecopyright 2013 CPE HR, Inc. All rights reserved
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Poor Performance Employer has the right Documentation of poor performance isa must Firing protected employees requires
careful recordscopyright 2013 CPE HR, Inc. All rights reserved
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Violations of Company Policy Make sure all company policies appear
in the employee handbook Be sure all employees see andunderstand the policies Ensure that all employees know theconsequences of not adhering to thepoliciescopyright 2013 CPE HR, Inc. All rights reserved
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Poor Attendance/Tardiness Distinguish between excused andunexcused absences Absences due to LOA (FMLA, CFRA,Workers Comp, pregnancy) are notcounted towards attendance Document all absences and excessive
tardiness Is minutes the last straw?
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Documentation Signed acknowledgments Formal written warnings Performance appraisals andevaluations Informal observances Input from other managerscopyright 2013 CPE HR, Inc. All rights reserved
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Human Resources Will ensure documentation isconsistent with your expectations and
discipline. Will ensure that your actions areconsistent with overall company policy
and procedure May protect you from unconscious bias
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Failure To Pay Attention Reinstatement of employee Compensatory and punitive damages Cost of defense Possible class action suits
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EDD-UI and Discharge There must be a causal relationshipbetween the act of misconduct and the
discharge itself. The burden of proof lays with theemployer Cause does not necessarily mean
misconduct copyright 2013 CPE HR, Inc. All rights reserved
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Misconduct The employee owes a material duty tothe employer There is a substantial breach of thatduty The breach disregards the employersinterests and injures or tends to injurethe employers interests The breach is a willful or wantondisregard of the dutycopyright 2013 CPE HR, Inc. All rights reserved
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UI Costs Employers pay into unemployment
insurance based on there experientialrate
The higher the turnover, the higher therate The more cases a company loses, thehigher the experiential ratecopyright 2013 CPE HR, Inc. All rights reserved
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What You Will Be Asked What was the rule? Does the employee admit to violating
the rule? Is there evidence to prove a violation? What is the purpose of the rule?
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What You Will Be Asked How did the employee violate the rule? When did the violation occur? Did the employee know of the rule? Was there a previous warning?
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How can you prove the employeewas aware of company policiesand had been warned and givenproper counseling andguidance?copyright 2013 CPE HR, Inc. All rights reserved
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Proof Signed acknowledgements
OrientationWarningsPerformance AppraisalsPIPFormal coachingcopyright 2013 CPE HR, Inc. All rights reserved
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The Termination Meeting Objectives
No laws are violated Clean
Handled professionallyEmployees dignity was preserved Termination was for a good reason
No lawsuits or adverse judgments Accepted by the employeecopyright 2013 CPE HR, Inc. All rights reserved
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Dignity Is Essential
0
20
40
60
80
100
120
w/o Dignity w/Dignity
Considered
Sued
Accepted
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Preparation Know in advance:
Who will handle the termination? When and where will the meeting takeplace?
As early in the week and as early in the dayas possible What exactly will you say? Are you prepared to receive companyproperty?
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Preparation Checklist
All documentation All forms All final checks
Exit interviews Pros Cons
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What To Say Be courteous and direct Absorb anger, deflect guilt Do not apologize State facts, not opinions Do not discuss further
Do not renegotiatecopyright 2013 CPE HR, Inc. All rights reserved
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Impacts of Legal Termination Poor or difficult employees areremoved A clear, strong message to theemployees
Positive motivator/respect of staff Protection of the company fromlitigation
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Terminationis ALWAYSthe LAST RESORT
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HRCI Credit Program ID: ORG-PROGRAM- 159524Title: Legal Termination Start Date: 11/21/2013End Date: 11/21/2013 Recertification Credit Hours Awarded: 1.0 Specified Credit Hours: General
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Linda Robinson, PHR
Training & Development ManagerCPEhr
Presented by:
mailto:[email protected]:[email protected]