termination the right way€¦ · progressive discipline • • • • 9 10. termination the...

Termination the Right Way February 26, 2020

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Termination the Right Way

Presented by Angela Kennedy, SPHR

Agenda

• At-Will Employment

• Before Termination

• Importance of Documentation

• Preparing for a Termination

• Conducting the Meeting

• Additional Considerations

• Q & A

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At-Will Employment

At-Will Employment

A non-contractual employment relationship between an employer and an employee, where either party can terminate the relationship without notice, at any time, and for any reason not prohibited by law.

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Before Termination

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• Evaluate whether initial lack of training could be a factor

• Consider different learning styles

• Document any additional training provided

Training

• Is based on idea that employee is capable of growing and improving

• Helps employee to come up with their own solutions

• Focuses on asking questions rather than telling what to do

Coaching

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• Verbal

• Written

• Final

• Performance Improvement Plan (PIP)

Progressive Discipline

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• Optional ‘Last Straw’

• Consider implementing if:

• The relationship can be saved

• The employee is capable of improving

Bad hiring decisions happen. Not all employees will be the right fit!

Performance Improvement Plan (PIP)

Elements of a Good PIP

• Generally 30, 60, or 90 days

• Commitments from employee and management

• Scheduled check-ins

• Realistic, attainable, and tangible goals

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As a management team, you’ve concluded that everyone likes Jim but that he’s bad at his job.

Can you just lay him off and hire a new employee?

Case Scenario

The company wants to terminate Mariana because she is not a good fit for our culture.

Is this ok?

Case Scenario

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Document, Document, Document

If it’s not in writing, it didn’t happen….

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Progressive Discipline & Unemployment

Documentation showing how you attempted to help the employee improve through training and progressive discipline can be a big help in an unemployment hearing.

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Jen was observed to be holding a knife to Emmanuel’s throat. She said it was just a joke and that they were kidding around but we now have allegations that she also had thrown him against a wall before.

What should we do?

Case Scenario

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Hiro came running into the office screaming that Anthony had again turned the bathroom lights off while he was using it. Clearly upset, Hiro slammed his fist into the wall, putting a hole in it.

Immediately, he was pulled into a conference room with HR to discuss the situation as security was called. He said the numerous pranks made him feel harassed.

Should the employer fire Hiro? Discipline Anthony? Fire both?

Case Scenario

Preparing for a Termination

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Termination Decision

Make sure all responsible for the decision are unified in the decision and the plan moving forward, especially the immediate supervisor.

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Caution!

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Conducting the Meeting

Termination Meeting

If progressive discipline has been properly observed, this should NOT be a surprise.

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Dos and Don’ts of Termination Meetings

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• Recap unacceptable performance and prior warnings

• Provide termination letter and ask the employee to sign it

• Document the meeting and have a witness

DON’T

• Apologize or make excuses

• Appear fractured or blame other managers or supervisors for decision

• Change the message

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Additional Considerations

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What if They Become Combative?

• Compassionately, but firmly, advise the employee that the decision is final

• Stay on message

• Assess any need for assistance or security

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All Terminations Come With Risk

Terminated employees will be speaking with others about your organization, so make their last impression as positive as possible.

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Q & A

SPHR | HR Consultant

Angela has extensive experience in HR, conflict

management and employee relations. She spent

several years working as a high volume (and full

cycle) recruiter for a large multi-channel retailer.

Angela earned her B.A. in English Literature and

Criminology from the University of South Florida.

and also holds a paralegal certification from Saint

Petersburg College.

Angela Kennedy

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This program is valid for 1 PDC toward SHRM-CP and SHRM-SCP recertification.

This activity has been approved for 1 HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™

recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR

Certification Institute website at www.hrci.org.

If you attended the full 60-minute webinar, the recertification codes will be emailed to you.

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http://www.hrci.org/

termination the right way€¦ · progressive discipline • • • • 9 10. termination the...

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