how to legally terminate

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    CPEhr ManagementTraining

    presents

    The TerminationProcesscopyright 2013 CPE HR, Inc. All rights reserved

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    Focus Review costs of termination Identify employment laws that affecttermination Understand at-will Define legitimate reasons for

    termination Discuss the cost of unemployment andwhy employers losecopyright 2013 CPE HR, Inc. All rights reserved

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    Termination should bethe STresortcopyright 2013CPE HR, Inc. All rights reserved

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    Turnover CostsTurnover is expensive; we

    should always consider thepossibility to:Retain and Retraincopyright 2013 CPE HR, Inc. All rights reserved

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    Cost of TurnoverHourly Rate Gross Turnover costs

    $8.00 $18,027 $9K-11K$10.00 $22,534 $11K-13K$15.00 $33,801 $17K20K

    copyright 2013 CPE HR, Inc. All rights reserved

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    Cost of Turnover(cont.) Separation costs/unemployment Overtime, employee morale Hiring costs including ads, interviewing andtraining New learning curve costs Productivity Customer business and general confidencecopyright 2013 CPE HR, Inc. All rights reserved

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    Is It ReallyTime to Terminate? Termination may create more problemsthan it solves

    Overtime Employee morale/stress Understaffed Safety and quality

    copyright 2013 CPE HR, Inc. All rights reserved

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    Consider This Are you acting without all the facts? Is there sufficient documentation? Is there a possibility of discriminationor perceived discrimination? Have policies been fairly applied? Are you firing the personality?

    copyright 2013 CPE HR, Inc. All rights reserved

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    What Have You Tried? Coaching Additional formal training Performance Improvement Plan (PIP) Progressive discipline Reassignment to a different position

    copyright 2013 CPE HR, Inc. All rights reserved

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    Legalities To Consider Title VII-1964 FEHA/DFEH PDL FLSA OSHA/Whistle Blower laws ADA-1963 (ADAAA) ADEA-1967 USERRA

    Know the lawscopyright 2013 CPE HR, Inc. All rights reserved

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    At Will Employment States an employee may quit without noticeor reason and an employer may terminate

    without notice or reason Notifies absence of contract BE CAREFUL---this is NOT permission to

    illegally fire an individual Documentation is STILL a mustcopyright 2013CPE HR, Inc. All rights reserved

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    Insubordination The employee understood the order The order itself was not illegal The order is within the scope of the job Employees insubordination wasintentional Order was important and notinconsequential

    copyright 2013 CPE HR, Inc. All rights reserved

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    Breaking the Law Did the illegal activity happen outsideof work? Has the employee been convicted? Is the crime related

    to the job?copyright 2013 CPE HR, Inc. All rights reserved

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    Dishonesty Do not tolerate dishonesty Base your decisions on solid evidence Recognize that dishonesty comes inmany forms (applications) Use a code of ethicscopyright 2013 CPE HR, Inc. All rights reserved

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    Safety and Health Threats Drugs and alcohol

    problems AIDS Violencecopyright 2013 CPE HR, Inc. All rights reserved

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    Poor Performance Employer has the right Documentation of poor performance isa must Firing protected employees requires

    careful recordscopyright 2013 CPE HR, Inc. All rights reserved

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    Violations of Company Policy Make sure all company policies appear

    in the employee handbook Be sure all employees see andunderstand the policies Ensure that all employees know theconsequences of not adhering to thepoliciescopyright 2013 CPE HR, Inc. All rights reserved

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    Poor Attendance/Tardiness Distinguish between excused andunexcused absences Absences due to LOA (FMLA, CFRA,Workers Comp, pregnancy) are notcounted towards attendance Document all absences and excessive

    tardiness Is minutes the last straw?

    copyright 2013 CPE HR, Inc. All rights reserved

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    Documentation Signed acknowledgments Formal written warnings Performance appraisals andevaluations Informal observances Input from other managerscopyright 2013 CPE HR, Inc. All rights reserved

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    Human Resources Will ensure documentation isconsistent with your expectations and

    discipline. Will ensure that your actions areconsistent with overall company policy

    and procedure May protect you from unconscious bias

    copyright 2013CPE HR, Inc. All rights reserved

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    Failure To Pay Attention Reinstatement of employee Compensatory and punitive damages Cost of defense Possible class action suits

    copyright 2013 CPE HR, Inc. All rights reserved

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    EDD-UI and Discharge There must be a causal relationshipbetween the act of misconduct and the

    discharge itself. The burden of proof lays with theemployer Cause does not necessarily mean

    misconduct copyright 2013 CPE HR, Inc. All rights reserved

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    Misconduct The employee owes a material duty tothe employer There is a substantial breach of thatduty The breach disregards the employersinterests and injures or tends to injurethe employers interests The breach is a willful or wantondisregard of the dutycopyright 2013 CPE HR, Inc. All rights reserved

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    UI Costs Employers pay into unemployment

    insurance based on there experientialrate

    The higher the turnover, the higher therate The more cases a company loses, thehigher the experiential ratecopyright 2013 CPE HR, Inc. All rights reserved

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    What You Will Be Asked What was the rule? Does the employee admit to violating

    the rule? Is there evidence to prove a violation? What is the purpose of the rule?

    copyright 2013 CPE HR, Inc. All rights reserved

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    What You Will Be Asked How did the employee violate the rule? When did the violation occur? Did the employee know of the rule? Was there a previous warning?

    copyright 2013CPE HR, Inc. All rights reserved

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    How can you prove the employeewas aware of company policiesand had been warned and givenproper counseling andguidance?copyright 2013 CPE HR, Inc. All rights reserved

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    Proof Signed acknowledgements

    OrientationWarningsPerformance AppraisalsPIPFormal coachingcopyright 2013 CPE HR, Inc. All rights reserved

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    The Termination Meeting Objectives

    No laws are violated Clean

    Handled professionallyEmployees dignity was preserved Termination was for a good reason

    No lawsuits or adverse judgments Accepted by the employeecopyright 2013 CPE HR, Inc. All rights reserved

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    Dignity Is Essential

    0

    20

    40

    60

    80

    100

    120

    w/o Dignity w/Dignity

    Considered

    Sued

    Accepted

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    Preparation Know in advance:

    Who will handle the termination? When and where will the meeting takeplace?

    As early in the week and as early in the dayas possible What exactly will you say? Are you prepared to receive companyproperty?

    copyright 2013 CPE HR, Inc. All rights reserved

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    Preparation Checklist

    All documentation All forms All final checks

    Exit interviews Pros Cons

    copyright 2013 CPE HR, Inc. All rights reserved

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    What To Say Be courteous and direct Absorb anger, deflect guilt Do not apologize State facts, not opinions Do not discuss further

    Do not renegotiatecopyright 2013 CPE HR, Inc. All rights reserved

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    Impacts of Legal Termination Poor or difficult employees areremoved A clear, strong message to theemployees

    Positive motivator/respect of staff Protection of the company fromlitigation

    copyright 2013 CPE HR, Inc. All rights reserved

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    Terminationis ALWAYSthe LAST RESORT

    copyright 2013 CPE HR, Inc. All rights reserved

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    HRCI Credit Program ID: ORG-PROGRAM- 159524Title: Legal Termination Start Date: 11/21/2013End Date: 11/21/2013 Recertification Credit Hours Awarded: 1.0 Specified Credit Hours: General

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    Linda Robinson, PHR

    Training & Development ManagerCPEhr

    [email protected]

    Presented by:

    mailto:[email protected]:[email protected]