FOR IMMEDIATE RELEASE
July 29, 2012
Contact: Elizabeth Hall, Senior Web Editor
(800) 543-2055 (703) 905-8000
New Free Report Will Teach Employers How to Legally Fire Unproductive Employees
Falls Church, Va. — These days, it’s much harder to get rid of a problem employee. Workers are more aware of their rights under the law—and they’re more likely to seek the advice of an attorney if they think they’ve been wronged by their employer. The result: A lot of workers are getting even by suing their employers for wrongful discharge or discrimination.
“It’s your duty to fire underperforming employees so your organization can be successful. It’s simply a necessary part of your job,” says Business Management Daily’s Senior Web Editor Elizabeth Hall. “But even if you have documented poor performance and given verbal and written warnings, you may still be hesitant to fire the chronically absent worker, the employee who is abusing FMLA leave or the one who simply isn’t measuring up.”
Business Management Daily’s new free special report How to Fire an Employee the Legal Way: 6 Termination Guidelines will teach human resources professionals and managers the proper procedures to exercise their right to fire at will, lay the groundwork with progressive discipline, and conduct termination meetings and exit interviews. This informative report will give employers the peace of mind to fire inefficient workers without the fear of wrongful termination lawsuits.
How to Fire an Employee the Legal Way provides HR pros and managers with 6 essential guidelines for legally terminating employees:
- Fire at will: Employers’ rights. Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason at all, and, conversely, employees have the right to leave the organization at any time.
- The right way to fire: Lay the groundwork. It’s a lot easier to discipline a worker if you’ve made your expectations clear from the beginning. Each employee should have a job description that lists the tasks you expect accomplished daily or weekly. Make it clear, that these tasks are subject to change depending on the organization’s needs.
- Avoid wrongful termination suits: Use progressive discipline policy. How it works: Your policy simply increases the severity of a penalty each time an employee breaks a rule. Typically, a policy progresses from oral warnings to written warnings, suspensions and then termination. That way, employees won’t be surprised when they reach the end and are fired. By taking the surprise out of the firing, you lessen your exposure to a wrongful termination lawsuit.
- Beware of constructive discharge. Constructive discharge occurs when employees claim their working conditions were so intolerable that they were forced to quit. Employers must stay within federal employment laws so they don’t contribute to factors that trigger constructive discharge claims, and don’t heighten the risk of employee lawsuits.
- Termination meeting: Choose ‘firing words’ carefully. During a termination meeting, briefly deliver the news to an employee by summarizing the well-documented, job-related reasons for the termination. That way, while the employee may not like it, he or she will have little to dispute. Allow the person to offer his or her side of the story—and even vent a little emotion—without interruption. Also, avoid using any harsh words during termination meetings that would serve only to inflame the issue. Stick to the facts and don’t make generalizing statements.
- Conducting exiting interviews. Exit interviews, whether with an employee who has been fired or who has resigned, can be a valuable resource. Information learned in an exit interview can pinpoint areas of concern and provide a foundation for implementing changes.
“With the help of Business Management Daily’s new report, you’ll be able to eliminate lazy, ineffective workers from your company without the risk of winding up in court,” Hall says. “You can start looking forward to bringing in the productive, dedicated workers you need to make your organization thrive.”
Take control of your own workforce by terminating unproductive employees and replenishing your ranks with honest, hardworking team members – Download How to Fire an Employee the Legal Way: 6 Termination Guidelines now.
Business Management Daily provides plain-English, actionable news, information and tips to busy professionals in the areas of human resources, leadership, management, administrative skills, office technology, employment law, tax and more. Subscribe to our free e-newsletters and download our free reports. ‘Like’ us on Facebook and follow us on Google+ and Twitter at @BizDaily.
- Office Communication Toolkit: The best managers are the best listeners
- Free FMLA sample guidelines will help organizations develop their own FMLA policy
- Want to grow your business? Access a gold mine of great ideas from your employees? Free report tells how
- Business Management Daily to celebrate Administrative Professionals Week by giving gifts to admin readers
- Publisher of The HR Specialist employment law products changes name to 'Business Management Daily' to reflect pace of today's business world