Termination Do’s and Don’ts - TriNet · Handling Reduction in Force ... Block computer system access ... TriNet-PPT-Webinar-Termination-Dos-and-Donts Created Date:
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This presentation is for educational purposes only. TriNet provides its clients with legally compliant HR guidance and best practices. TriNet does not provide legal, tax, or accounting advice.
Jacqueline Breslin Director, Human Capital Services, TriNet • Based in San Leandro, CA • 20 years experience in Human Resources • Leads a team dedicated to compliance,
workplace investigations and challenging employee relations issues
• Experience implementing and managing HR programs to include policy development, performance management, compensation, recruitment and retention, learning and development, coaching and M&A activity
▪ Termination Overview ▪ Employee Claims ▪ Types of Terminations ▪ Business Case for Termination ▪ Best Practices in Discipline, Documentation, and Policies ▪ Severance and Separation Agreements ▪ Preparing For and Conducting a Termination Meeting
• Common Examples: ▪ Employees who allege that they were terminated due to their status
as a member of a protected class of individuals
▪ Employees who claim they were terminated in retaliation for a legally protected activity like reporting harassment or discussing working conditions with employees
▪ Employees who allege they were terminated in violation of an explicit or implied employment contract
▪ Employees who allege they were forced to resign due to intolerable working conditions or environment
Do: • Have a resignation notice policy in place • Require resignation in writing • Acknowledge the resignation in writing • Review state requirements for final pay • Conduct exit interview
Don’t: Enforce compliance with the resignation policy by means of penalties
Do: • Be transparent about your company’s termination policies • Be consistent in implementing the company’s policies • Draft a clear statement regarding the reason for the termination
Don’t: • Terminate an employee for poor performance when there isn’t
substantial prior written documentation to support the term reason • Terminate the employee for poor performance or misconduct when
other employees have not been terminated in similar circumstances • Terminate an employee in violation of local, state, or federal law
Do: • Follow company policies already in place • Assess the nature of the infraction • Compare how other employees have been treated • Review the history of the employee
Don’t: • Discipline employees in public areas • React with anger or threatening comments
Do: • Proactively identify risk factors for potential post-
termination disputes. Some protected categories include: ▪ Age, ancestry, citizenship or immigration status, color,
disability, gender, genetic information, pregnancy, race, religion, veteran status, etc.
• Draft best practices policies regarding all aspects of an employment termination, including, supervisor training, performance evaluation, and progressive disciplinary action ▪ Train all supervisors and managers on relevant state
and federal laws ▪ Draft performance improvement plans (PIP) ▪ Provide standard rules and policies ▪ Confer with management and legal counsel prior to
Do: • Consider the appropriate day of the week • Consider the appropriate time of the day • Arrange for a neutral, private setting to hold the termination meeting • Prepare in advance to ▪ Process final paycheck, commissions, etc. due to the employee ▪ Block computer system access ▪ Change pass codes ▪ Get company property back ▪ Remove employees name as signatory to bank accounts or post office boxes ▪ Obtain adequate personal security if the situation may become hostile
Don’t: • Terminate “on-the spot” • Negotiate with the employee on the termination decision
Do: • Consider having a third party such as a trusted manager or HR
professional attend the meeting • Provide the reason(s) and key facts supporting the decision • Keep the meeting brief and to the point • Guide the employee on next steps and treat them with dignity
Don’t: • Delay informing the employee about the termination • Humiliate the employee after termination
Prepare for a variety of post-termination communication • Inquiries from other employees ▪ Employee departure announcement
• Telephone calls or emails from terminated employees • Reference Inquiries • Copy of the employee file • Return of company property • Address unemployment claims