Termination Training for Managers and Supervisors

SLIDE 1

Termination Training for Managers and Supervisors

Hello, and welcome to this training on fair and consistent terminations.

Discuss housekeeping matters, e.g. turn off cell phones, whether there will be a break, how long, etc.

The goal of this training is to provide you with the basic information you need to terminate employees fairly, consistently, and with respect. It will give you a termination framework that will reduce emotional reactions and possible overreactions to events in the workplace. In addition, it will help you to react professionally, even in adverse situations.

SLIDE 2

The laws set out in this presentation are applicable to both unionized and nonunionized workplaces; however, managers and supervisors of unionized workplaces must view this presentation in the context of the applicable collective agreement. If your workplace is unionized, please refer to the relevant collective agreement procedures regarding investigations, discipline, and dismissals. Please be sure to review these procedures at appropriate points during this presentation.

SLIDE 3

Terminating employees is usually one part of the job that managers and supervisors don't enjoy. Some hate confrontation and would rather avoid dealing directly and honestly with employees. Others worry about legal problems developing if they make a mistake during the process.

Following termination, an employee may feel singled out or treated unfairly and may discuss the situation with an attorney. Complaints with provincial or federal agencies or lawsuits may be filed, while you, as a supervisor or manager, were merely trying to enforce [name of organization's] policies.

Fortunately, there are many steps that you can take to prevent employee dissatisfaction following termination. These steps also will help reduce the chances that [name of organization] -- and you -- may be sued, which is why you're being provided with this training.

Let's start by reviewing some frequently asked questions about termination.

?2008 CCH. All Rights Reserved.

There are so many legal risks involved with terminating an employee. Isn't it safer to keep the employee and hope for the best?

No. There are risks in taking no action, too. For example, an employee's poor performance or misconduct will impact production and employee morale. Other employees expect a fair workplace and will resent it if employees who should be terminated are simply ignored, which can lead to bad attitudes, lost customers, and lower revenues.

Also, employers who ignore threatening or abusive employees may find themselves facing a negligent retention or sexual harassment lawsuit. By dealing with employee misconduct or nonperformance immediately and handling it correctly, an organization protects itself and its employees. There is no guarantee that there will not be a lawsuit, but if a lawsuit is filed, it should be defensible.

Why is documentation so important in termination decisions?

Documentation substantiates and supports employment decisions. It can show, among other things, that an organization's policies were followed, that the employee knew about the policies, that there was a valid business purpose for the action, and that treatment was even-handed. This kind of evidence is just what is needed if a lawsuit is filed.

What should a manager or supervisor do if a review of all the facts shows that a termination should not have occurred?

A review of all facts should include legal counsel. If it shows that the termination should not have occurred, options include reinstating the employee or negotiating a release. A release is an agreement in which the employee agrees not to take legal action against the company in return for payment and/or other consideration, such as a neutral reference and other documents.

Before an employee is reinstated, however, all concerned parties should be consulted. If possible, the returning employee should be reassigned to a different supervisor.

SLIDE 17

Documentation can help employees improve performance through establishing goals and objectives, and it can enhance communication between management and employees.

2

?2008 CCH. All Rights Reserved.

Managers must advise employees when they are not meeting the performance and conduct requirements of their positions so they can take the corrective action needed to improve.

Often, employees become poor performers simply because there is no communication from their supervisors. They think their conduct or performance is satisfactory when it is not. Only when the last straw is reached will a supervisor initiate a performance discussion. By then, it may be too late and a valuable employee may be lost.

Documentation helps managers and supervisors justify their actions to others. If an evaluation, pay raise, or disciplinary action is questioned by the next level manager or in the legal system, documentation will be the key to supporting that action. Memories may fade, but documents will remain to tell the story.

This is especially important when termination is involved. Documentation provides a record that supports and substantiates the action, making personnel decisions less subject to legal challenge and, when challenged, easier to defend. If documentation is not timely, accurate, and written, the organization may lose.

The following scenario demonstrates the importance of documentation. Sometimes people have different recollections of a meeting, and what a manager remembers as a formal warning may be viewed by the employee as a friendly reminder.

Fred and Mickey have been working together for years and are both baseball fans. Consider how each man might recall the following conversation:

Ask two students to voice the parts.

Fred: Mickey, I noticed your production of plastic bottles is falling again this month. Remember, last month I told you that if your production kept slipping, I would have to give you a warning?

Mickey: Sure, I remember us talking about production. Hey, how about those Orioles?

Fred: Yeah, but we need to concentrate on improving your bottle production. I'm giving you formal notice of your production problems and I want to meet with you tomorrow at 10 a.m. to discuss improving them.

Mickey: Okay, tomorrow morning. Just think, though, the Orioles are only five games to second.

3

?2008 CCH. All Rights Reserved.

Regardless of how Mickey remembers their conversation, Fred has documented the facts of the conversation as follows:

On July 10, 2007, I spoke to Mickey about his production of plastic bottles. His average weekly production has been decreasing at a rate of 5 percent for the past four weeks.

I gave Mickey a formal warning about his decreasing production and we agreed to meet tomorrow, July 11, 2007, at 10 a.m., to discuss how to improve it. I'll ask him why he thinks his production is down.

Fred has done two important things:

1. He opened up the lines of communication with the employee, and 2. He documented their conversation accurately.

SLIDE 18

When termination decisions are being made, documentation is especially critical. It can show that:

Employer policies were followed. Documentation can indicate that an employee knew the policy existed and can show whether the manager warned the employee about violating the policy. Also, it can indicate whether there were any mitigating circumstances and whether disciplinary policies and procedures were followed.

There was a valid business purpose for the termination and the action does not violate any law, policy, or employment agreement.

Support exists in the employee's overall personnel record for the termination decision.

Treatment was even-handed. Documentation can provide evidence that employees who have engaged in similar conduct were subject to similar discipline, thus supporting the position that an employee's protected status -- race, colour, religion, sex, national origin, age, disability, sexual orientation, family status, etc. -- had nothing to do with the decision to terminate.

The bottom line: Documents are evidence that can absolve you and the organization from liability.

SLIDE 19

4

?2008 CCH. All Rights Reserved.

Managers and supervisors need to be able to create well-written, clear, and convincing documents that will withstand review and challenge. Every organization has its own documentation format and procedures. In general, these are the ABCs of documentation:

Document communications with all employees. Similar job-related communications should be documented for all employees, including both positive and negative comments and occurrences.

The documentation process should not be used to build a case against one employee if other employees in similar situations did not have their actions documented. Inconsistent documentation could be used as proof that a person was chosen for discharge for unlawful reasons.

Be sure to give details. Avoid making broad, general statements or unsupported conclusions. Instead, deal with the facts, be specific, and tell a story. Don't use labels. Date every document.

Dating all documentation is important. For example, when defending a termination, it is useful to show when the employee was given written warnings. If the warnings were given a short time before the termination, they are persuasive. If, on the other hand, the warnings were given two years earlier, and the employee had no further violations until the time of the termination, the warnings may not be relevant.

Complete documentation in a timely manner. To ensure accuracy, documentation should be completed as soon as possible. Make quick notes of the time and place of the event, whether the observed behavior was appropriate, and whether the action taken was effective.

Documenting the event can also help you to better remember the details.

These notes then can be used to create either a short, handwritten summary or a more extensive report on the situation, including witness statements and supporting evidence.

Discuss your organization's procedures and whether documentation forms are available.

Involve the employee. Where possible, involve the employee in the actual process. Encourage the employee to write summaries of manager-supervisor conferences and include these summaries as part of the official record. Employee input makes the process fairer.

5

?2008 CCH. All Rights Reserved.

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download