In all states but Montana, employees are generally considered to be have “at will” employment meaning that either party (the employee or the employer) can terminate the employment relationship at any time, with or without notice, and for any reason or no reason at all (outside of reasons prohibited by law). Most employers have established policies to create the at will employment as it is beneficial both to the business and the employees. In other cases employers create employment contracts with employees which generally specifically address reasons for termination and how a termination should be handled. Continue reading
Firing an employee is never an easy task, however there are certain mistakes you can make which can land your company in hot water. Read the list below of 13 of the most common mistakes managers make when terminating an employee. Continue reading
It can not be stressed enough how important it is to have thorough documentation in an employee’s file, especially prior to an involuntary termination. You may have heard before, “If it isn’t in writing, it didn’t happen” and this is often true when it comes to lawsuits for alleged discrimination, wrongful termination, etc.
The problem is, a lot of managers don’t know how to document, or even worse – what to document.
When it comes to employee terminations, managers often make decisions based on emotion. An employee comes in late, and you’ve had it, so you want to fire her. While that might be allowable, it’s not always advisable, and can result in lawsuits. What if, for example, the employee was late because she was a victim of domestic violence? Or, you didn’t fire that employee who was late for the umpteenth time last week. These and many other factors could gain the employee protection under the law. Let’s take a look at steps you can go through to protect your company when making termination decisions.
Thorough documentation is important in human resources management, and it can help you avoid possible lawsuits and prevail in cases that are tried in court. A primary purpose of personnel documents is to help persuade a third party such as a judge, jury, arbitrator, or mediator, that you made a reasonable and sound business decision based on the information available to you at the time. Your documents will be more credible and reliable if you use the following standard practice: