Why a "bad" employee seldom gets better. Firing employees guide.
As a Human Resources manager or small business owner, you will eventually
have to terminate an employee. No matter how carefully you screen
new hires or how efficiently you run the business, you will fire
someone at one time or another. And it is always best to go into
these situations prepared.
When firing employees, employer conduct during the termination period
becomes especially important. First it is helpful not to burn bridges
with previous employees. Second, professional conduct reduces the
possibility of legal ramifications that may come out of firing employees.
This is why discussing firing employees and employer conduct go together.
Disciplinary Action
As an employer, before beginning the termination process, it is
essential to give employees the opportunity to redeem themselves
on-the-job. There is always the possibility the employee does not
know that their skills are lacking. If the disciplinary action is
something as simple as consistent tardiness, there may be a reason.
Possibly, their arrival time is interfering with dropping their children
off at the baby-sitter or with a spouse coming home from work to
take the kids. If this is the case, they may simply be too afraid
to speak up. This is, if course, a situation that you and the employee
can work out through counseling and maybe even a small schedule change.
Despite the size of the disciplinary problem, you must document
any discussions and warnings for an employee's behavior. This way
you have a good idea of how often a problem occurs. As well, if the
employee's conduct goes against all company policies, you may decide
to table the discussions of firing employees and employer conduct.
The answer is simply to fire the employee.
Firing Employees and Employer Conduct for Sick or Injured Employees
Another good rule of conduct for HR managers or small business owners
to keep in mind is that it usually is not a good idea to terminate
employees while they are off work sick or injured. This has legal
ramifications, whether the employee is away because of a childbirth,
a back injury or a simple cold. Of course depending on the circumstances,
you may eventually have to terminate the employee if their illness
becomes a permanent condition that will not allow them to return
to work.
Before you have had a chance to sit down and discuss a sick employee’s
situation, you should not just replace their position with another
employee. Remember you always have the option of hiring a temporary
worker or using an employee from another division to fill in temporarily.
If however a sick employee returns from medical leave to find their
job permanently filed, you will have a messy legal nightmare on your
hands. It is best to use temporary help until it is possible to speak
with the employee about their future with the company. As far as
firing employees and employer conduct goes, this is the safest bet
to ensure that both parties will end up happy with the result of
a sick or injured employee.
Of course, if the employee has been sent home because of an illness
or injury and has not responded to numerous phone calls, e-mails,
and written letters about returning to work, this is a different
case. You should carefully document all attempts to contact the employee
along the way. If it all fails, you may have to write a termination
letter and file the employee’s position. And it's worth repeating
here . . . just make sure you carefully record and copy all attempts
at communication with the sick or injured employee.
Most
employers make these mistakes before firing. Will you?
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