Employment Background Check Guidelines: Complying with the Fair Credit Reporting Act, conducting credit background checks and running a criminal check to avoid negligent-hiring lawsuits.

Terminations



    What can we do? One of our employees is not at all productive, but his manager refuses to terminate him. That's because the employee has a terminal illness. The manager speaks to the employee about his poor performance and not following instructions, but that is far as it goes. At what point should HR intervene and press for termination?—Marilyn
    We have to lay off several employees. Some have only been with us a couple of years, but one has worked here for 13 years. We want to treat them right by providing severance pay, but I don't know how much is appropriate. Those of you who have been in this situation, how much severance did you offer?—Jason, Ga.

    We may have to terminate an employee who has been with us for more than 10 years and has worked with people throughout the organization. When he goes, people are going to notice. Due to the nature of the situation, I don't want to issue a detailed explanation to the rest of the staff. Can I just go with "_ _ _ _ is no longer with the company," or will that just whip the rumor mill into overdrive? Are there any realistic alternatives?—Noreen, S.F.
    Can anyone share with me a general checklist of the steps we must take and what needs to happen when we terminate an employee?—Mary Jo, Wisconsin
    We have an employee who lies all the time about work he has or has not completed. His boss and co-workers have had enough, and they came to me in HR for a solution. How should I approach this problem? I’m afraid if I confront him on it, he’ll just lie to me.—Denise
    Our company is struggling to survive. One of our employees has demanded an increase in the bonus that we have traditionally paid in the past. We don’t know we will be able to afford bonuses this year, and we have spoken to him about the situation. Now he insists on bringing in a third person to negotiate on his behalf. He asked to see the company's financials, which the president agreed to show him this week. He says his negotiator—who, it turns out, is his girlfriend—“has coached many executives and companies in our exact situation.” He refuses to understand that the money is not there. He has a two-year contract that will expire in November 2009. How should we handle this situation?—MA
    "My boss has told all supervisors we must terminate anyone who is late for work, no matter what. But common sense tells me that some situations just can't be avoided (late trains, traffic jams, delayed school openings), and I know we're going to lose some good employees along with some slackers. What can I do to stop this policy from being implemented?"—Ingrid
    Question: A story circulating on the web tells of a New York woman who got even when she got fired. After a couple of days, a foul stench began wafting through the office. Workers followed their noses to a locked file cabinet, which some brave soul opened to find ... what was once a whole salmon! Have any of your former employees left behind more than bad memories? Have they made off with anything more than a few pens? Dish the dirt on the dearly departed!—The HR Specialist Editors
    Question: “We're going to have to terminate an employee whose personal life has been in turmoil for the last year. There's no doubt he needs to go (and the decision has been made), but his manager feels terrible about having to fire the man. What kind of advice can I offer the manager? What kind of help should we offer the employee?”—Pete C. Colorado
    Question: “One of our employees regularly calls in sick because of her child’s medical problems. She has used up all her sick time, so now we have to dock her a day’s pay. How can I get her to improve her attendance so she’s at work more? Can we fire her for poor attendance?”—L.C., New York
    Question: "We have an employee who is nearing 80 years old. His performance is slipping to the point where he creates more work than he accomplishes. Is there an alternative to increasingly harsh evaluations and eventual termination? We’d like the employee to depart with dignity, but there are no indications toward that end.” — J.P., Arizona