Discharge

Gather the facts

Collect the facts from all parties involved before you determine if an employee should be discharged. The investigation to collect the needed information should be conducted as soon as possible. Employee’s recollections of events can fade fast, and information shared between employees can taint the truth. It is particularly important to get the employee’s version of the facts in writing at an early date.

Check the employee’s file

Every employee should have a general employee file. (Remember, when the employee is eligible for health benefits and there will be protected health information received by the health plan, establish a separate file for that information.) It’s important to make a note in the file whenever the employee receives a verbal warning. It’s equally important to include observations of the employee’s work habits, general attitude, and their personal interactions with coworkers.

When an observation is made, include the time, date, and activity the employee performing. For example, if a supervisor observes a worker driving a forklift in a reckless manner, the supervisor (after stopping the employee and reprimanding him) would write down, “John Smith was observed operating a forklift in a reckless manner. Excessive speed and not sounding the horn at blind spots were observed. This occurred at 10 am, today, March 16, 2004. Smith was given a verbal warning and told the next time there will be a written warning issued.”

Often, when an employee suspects termination is imminent, he or she will often request to see the employee file kept on them. This is another reason to keep the file current; the employee will not be surprised at the termination if his or her file is full of warnings and poor performance reviews. Remember, this file is not the property of the employee; it’s the property of the company. The company can choose what information in the file the employee sees.

Pay particular attention to employee evaluations. Sometimes supervisors are too generous in their evaluations. If the evaluations do not support the action taken it can cause serious problems if the employee challenges the termination in court.

Review the facts

Before making a final decision, review and analyze the findings to verify that they are accurate. If a basis for discharge is found, document it and cite a specific violation of a company work policy. If more than one policy was violated, note that. This documentation must be in writing and kept in the employee’s personnel file.

Consult with human resources

Supervisors should talk to their human resource department about a potential termination. The supervisor should also follow company policy on who has the final decision to terminate and how and where the termination should take place. Never allow a supervisor or human resource person to perform the termination on his or her own.

Termination procedure

Companies should have a detailed procedure for employee termination. The procedure should be revised as necessary to protect the dignity of the employee being terminated and to provide for the safety of coworkers and company assets. Also, during the termination, it’s a good idea to have the employee’s supervisor or another employee present (preferably someone from the human resource department).

The ramifications of a termination

Companies are sometimes sued by an ex-employee on the basis of alleged discrimination or other reasons. Often, the employee supports the suit by noting there was nothing in his or her employee file that supports the action taken. That’s why it’s so important to document the employee’s behavior and alleged disregard for company policies and procedures.

Termination checklist

Use this checklist to determine if you’ve done everything to protect your company from being sued:

• Have you treated the employee like others in the same circumstance?
• Have you documented verbal and written warnings if appropriate?
• Has someone else in the human resource department reviewed the employee file to verify the propriety of dismissal?
• Do you plan on having a witness present at the termination meeting?