The Termination Checklist
(PART 3 of a 3 Part Series) |
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Previously we addressed the poor performer, from evaluation and
discipline to conducting the confidential search. Now we are ready
to proceed with the termination. Pete Moser and Jeff Hirsch of
Robinson & Cole, LLP, who provided the top ten mistakes regarding
discipline and evaluation in my first column on this issue, have
provided a termination checklist.
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1.
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Have a witness present.
What is said during the termination meeting may become the
subject of a later lawsuit. Both persons should prepare
a short memorandum regarding what was said.
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2.
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Conduct the meeting in a private place. Avoid causing unnecessary
embarrassment or emotional distress to the employee.
A termination meeting, which is handled callously and in
full view of the employee's co-workers, could form the basis
for an emotional distress or defamation claim.
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3.
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Under the laws of most states, you must provide the employee
with a final check for all wages earned up to the day of
termination. You should include any accrued vacation time.
Explain any other benefits to which the employee may be
entitled.
Check with labor counsel before making any deductions from
the employee's final paycheck. Deductions for equipment,
which has not been returned, property damage, etc. are generally
unlawful.
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4.
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Provide notice of the employee's rights regarding health
insurance continuation.
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5.
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Provide a pamphlet from your local state regarding "How
to file for Unemployment Benefits." |
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Craig Lloyd is the managing
principal for laundrycareers.com , a management search firm specializing
in the laundry industry. He holds a degree in Industrial Relations from Rider University and has been a Certified
Personnel Consultant since 1979.
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THE
RECRUITERS CORNER - NOVEMBER 2002
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6.
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Keep all facts regarding the termination confidential from your
other employees.
It is best to tell as few persons as possible the reason for
the termination, to avoid defamation claims. If other employees
ask, tell them the employee is no longer with the company, and
that the circumstances surrounding his/her leaving are confidential.
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7.
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What you actually say to the employee will of course depend on
the circumstances. In many cases you may wish to do the following:
- Explain to the employee that the employment relationship is
just not working out, and the company has decided to terminate
him/her. Explain the true reason for the termination, as succinctly
as possible. Be accurate, but not insulting. Explain that the
decision was difficult, but that you believe the decision is
in the best interests of the Company. Do not offer or agree
to provide letter of reference to employees who are terminated
for misconduct or poor performance.
- Consider permitting the employee to resign, if the employee
would prefer to do so. However, note that the story the employee
tells the outside world should be the same story you tell the
unemployment agency. The employee should understand that classifying
the termination a 'resignation' might affect his / her ability
to collect unemployment benefits.
- If you decide to offer severance pay to a particular employee,
you should seriously consider making that offer contingent upon
the employee signing a release of any legal claims relating
to their employment. Consult with your labor counsel before
offering or using any severance agreement or release forms.
For such agreements to be legally enforceable they need to have
very specific language, and be offered to the employee in a
particular way.
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CLOSE WITH A POSITIVE
This may be your last opportunity to have the employee leave
with a positive impression of you and the company. Do you best to make
it positive from their point of view.
Past Issue - Confidentially Speaking
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