Get to the Point Quickly To begin, waste no time with small talk or anything other than the job at hand. He leads with a clear statement of the bad news he has to deliver: The confusion related to small talk is your enemy.
Jeff Garr Wrongful termination is one of those claims that small businesses dread. Sooner or later, every business has to face the fact that an employee must be terminated. How you handle employees during the termination process can have an impact on whether the employee decides to file a claim.
Sometimes, the person may just be litigious and there is nothing you can do to prevent a bad experience, however with most circumstances a termination that is handled appropriately will go a long way to avoiding lengthy and expensive litigation.
Here are some tips and best practices to avoid wrongful termination litigation: If the time comes to terminate the employee, it should not be a huge surprise.
Documenting the process is important especially documenting progressive disciplinary measures. Regardless of whether your company is large or small, keeping records of the situation goes a long way to avoiding litigation, and it also ensures that appropriate procedures are followed.
Even if the employee recognizes that they may be terminated the actual event may still come as a bit of a surprise. Try to position the termination in a way that helps the employee to understand that although they are leaving your employment, they may be happier in a position or with a company where they are better suited.
That may not always work, but using compassion and empathy can go a long way. Also helpful is offering a severance or some way to help the associate for a short period of time. If you offer the severance, have the employee also sign a waiver or release in order to collect the package that is offered.
While liability insurance premiums can be expensive, they pale in comparison to the expense of defending a lawsuit. Defending a termination is always an expensive downside for the employer. If the suite cannot be avoided, it may make sense to consider negotiating a settlement versus going to court.
Doing a cost-benefit analysis and discussing the case with counsel may be helpful, but even more helpful is having liability insurance.
Understanding insurance options and what it covers is a prudent business decision. Be aware when selecting this insurance that you should ask for the right to select the attorney and also be sure that the insurance company must get your consent before agreeing to a settlement.
You may also wish to have coverage that is per claim instead of per claimant. Be sure that your books are kept in order, and also that you obey government guidelines. Having an employee handbook with human resources guidelines and policies can go a long way to providing a defense.
Employees should be given an employee handbook when they start, and should sign a document that indicates their receipt and acceptance of the policy manual. Be sure that your employees understand how to communicate without the stigma of discrimination or harassment.
Knowing the responsibility of being an employer or a manager and using effective and efficient communication should be the subject of training your team. If your associates are trained and they understand what their responsibilities are they will be happier in their job functions. Assuring that you are in compliance and having a plan in place for terminations will go a long way to avoiding wrongful termination suits and defending against them if it happens.
Of course, the best case scenario is to have all employees understand where they stand with no surprises. HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.Writing up an employee’s performance review may confirm your suspicion that the individual and the organization are so mismatched that employee termination is the right answer.
Or, perhaps during the course of the year, a person’s failure to respond sufficiently to your coaching, or his commission of an unacceptable offense, may cause the.
Writing up an employee’s performance review may confirm your suspicion that the individual and the organization are so mismatched that employee termination is the right answer. Or, perhaps during the course of the year, a person’s failure to respond sufficiently to your coaching, or his commission of an unacceptable offense, may .
Managers and Employee Termination Matt Krumrie, Monster Contributing Writer Letting an employee go is a difficult situation most managers want to avoid, but with the right preparation and professionalism, you can get through such a tough talk with your dignity -- and your employee's -- intact.
Sample Write-Ups for Documenting Employee Performance Problems: A Guide to Progressive Discipline & Termination [Paul Falcone] on attheheels.com *FREE* shipping on qualifying offers. Over , copies sold! Now with 20 all-new write-ups!
Managers may . Free Download - Employee Handbook Template. Sharing is caring! We share this resource free of charge. PLEASE don't keep it to yourself. Tell others about it. Wrongful termination is one of those claims that small businesses dread.
Sooner or later, every business has to face the fact that an employee must be terminated.