1. To confirm that the supervisor’s claims are true, who will you contact? What questions will you ask? What precautions should you take to assure that your investigation is confidential and legally defensible?
To confirm that the supervisor’s claims are true, I would contact data processing to look at the sales data. I would want a record of Jeanette’s sales, and also the department sales for comparison. I would also request this from the supervisor. I would instruct both the DP department and the Sales Manager to keep my request confidential. However, it would be reasonable to confirm data so there is nothing wrong with checking data.
2. Review the documentation available related to this case. Is there enough documentation in place based on discipline policy and your experience as an HR manager? Explain. There is enough documentation based on the discipline policy to suspend the employee. According to Exhibit 12.3.5 an employee will be given a verbal warning, which is signed by supervisor (12.3.3.). Next a written warning will be documented, signed by supervisor (12.3.2). I am guessing the dates are October of prior year for exhibit 12.3.3. It is followed by December to June of the next year. In Exhibit 12.3.4 follows the procedure of a written warning to be documented and copied to the HR manager. The next step, however, is suspension. The employee should be suspended. The sales manager is correct, it will not help most likely, but that is the company policy.
3. Assume that the termination is warranted. Managers typically hold termination meetings at The Daily Review but it is not unheard of for the HR department to conduct this meeting. Given the available information, who should conduct the meeting? What steps will you take to prepare the manager and/or yourself for this meeting? Prepare an agenda for the termination meeting. Nevertheless, assuming the termination is warranted it would be wise for the sales manager to handle the termination in the presence of an HR representative. I would go through the entire process with the sales manager of possible scenarios. In addition, I would confirm that he would call Jeanette in, inform her of his decision to terminate her based on her lack of sales and failure to schedule training previously petitioned.
The agenda would inquire to call Jeanette in the office. Tell her she is being terminated for failure to perform her job and to attend training. Hand Jeanette her last check, walk her to her desk to get her belongings and assist her out the door. Terminations should be handled quickly and professionally. I would advice Paul, the sales manager, not to add any editorial comments regarding her performance but keep to the bare minimum on the facts. This termination should not come as a surprise to Jeanette. She and the rest of the department are aware that she is not making sales. It is time for a change, while the process should be professional, without emotion and discussion.
4. The Daily Register has some guidelines for severance packages, benefits, and outplacement services, but they are very informal and typically decided upon on a case-by-case basis. In this situation, what would you recommend for Jeanette? I would not offer Jeanette any severance package, benefits, or outplacement services. Jeanette was warned she was not completing her job. She has already cost the company money for failure to perform her duties. Discussion Question #6
I know, this unit_6 is talking about to build relationship, but some times is necessary to fire people. The question here is on how to terminate employees for cause, typically for disciplinary reasons or for poor performance. How do I fire people legally and humanely?
Three Legal Reasons for Terminating an Employee
1. The first legal reason that an employer can use to confirm the termination of an employee is if the employee violated a “known” company rule. For such reason to be upheld in a court of law, the employer will need to prove that: (1) the rule actually exists; (2) the employee knew that it existed; (3) the rule was violated; (4) other employees were terminated for the same infraction; and (5) the termination was reasonable punishment for the infraction.
2. The second legal reason to terminate an employee is if they are not able to perform their job sufficiently. I order to defend this reason for termination in a court of law the employer must be capable to establish that the employee was incompetent to do their tasks. For instance, the employer took reasonable steps to try and improve the employee’s performance by addressing the issue’s in several instances before terminating the employee. Documented evidence is crucial in a scenario like this to prove that the employer’s position in this kind of situation is correct and legitimate.
3. The final legal reason for terminating an employee is if it is in the best economic interest of the company in question. For example, the company is downsizing its workforce for economic reasons. Layoffs are common reasons for terminations in firms that are downsizing or restructuring. Courtesy should be held high in a layoff situation, giving employees who are involved in a layoff need to be given at least 60 days notice. This civility or remark is required by the Worker Adjustment and Retraining Notification Act (WARN). http://www.aftermarket.org/Magazine/InsiderArchives/Toolbox/Termination.pdf http://www.doleta.gov/programs/factsht/warn.htm
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