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Q: What guidelines should I consider before terminating an employee?

A: There are three major reasons why employees are terminated: Illegal or improper behavior, poor job performance, and position elimination. When first deciding that termination may be necessary, consider the impact on the organization. How many employees will be affected, is the job loss permanent, will there need to be a media spokesperson, are there any bargaining agreements that affect this termination, etc.? Do not discharge an individual without properly assessing the situations surrounding the termination. Once you have decided that termination is probable, double-check your policies, procedures, and past practices to maintain consistency. If the termination is affecting an employee from a protected class, this is especially important. If the policies and procedures in the past support a termination action, make sure all the appropriate documentation is in place. At this time, make sure the assessment for the reasons of termination was conducted thoroughly and that there is a paper trail supporting your decision. Consult with an attorney, HR representative or consultant to determine any other potential legal issues or risks. Finally, conduct a termination meeting in which the reason for termination is clearly communicated to the employee and a member from management and/or the Human Resource function present.


New posters required for 2010 revised FMLA & ADAAA


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