Error processing SSI file
|
When Termination Is
Necessary
by Andrew K. Jacobson
|
|
|
Layoffs
|
|
Sometimes
employee layoffs are necessary to the continued survival of the employer, and
the jobs that the employer provides to the other employees. A layoff is a
doublyinvoluntary termination: neither the employer nor the employee wants it
to happen. When a layoff has to happen, a little advance work can pay off
later. Layoffs should conform to business needs, not the preferences of
management. While this sounds matter-of-fact, carrying it out can be hard.
Friends cannot get preferential treatment. Most people prefer those similar to
them. This similarity often correlates with impermissible reasons, such as age,
sex, race, or national origin. They should evaluate potential layoff candidates
for such vulnerabilities. For example, if one person in each department needs
to be laid off, make sure that those laid off do not share some common,
impermissible trait. Also, investigate the factors unique to each candidate for
layoff. Has that person complained of a harassing coworker or a procedure that
may violate the law? Has that person recently had a change in personal
circumstances, such as having gotten pregnant, turned forty, married someone
from a different race, etc.? Terminating that employee may invite a lawsuit for
wrongful termination. A person independent of the manager making the decision
should evaluate and confirm the decision. This may not avoid a lawsuit, but can
improve the employer's chances later.
|
|
|
|
Firing.
|
|
Sometimes an
employer must fire an employee for cause. Like a layoff, a firing should be
done by both the employee's supervisor and someone independent of the
employee's chain of command. While an employer still wants to preserve the
"at-will" aspect of employment, a firing implies termination for
cause. That cause should be investigated, corroborated and documented. The
employee should be directly questioned, if necessary, as to the reasons why a
firing may be necessary. While an employee is not entitled to a full
"trial" from the employer, a haphazard or biased investigation lends
credence to the employee's charge later that the firing was for reasons other
than those alleged. The employer should immediately document the reason for the
firing for possible later use.
|
|
|
|
Informing
the Employee.
|
|
No matter
whether the employee was laid off or fired, an employer should make the leaving
as comfortable as possible for the employee. The employee should be told in
person why the job is ending, by the employee's supervisor and at least one
other person independent, if possible, of the employee's regular chain of
command. The employee should have a chance to explain his or her point of view,
particularly if the employee is being fired. The observer should take notes of
what is said. The employer's representatives should have ready all the
documents necessary for termination, including final pay and explanations of
the employee's benefits after termination, such as COBRA health care benefits,
retirement accounts, and the like. An attorney or other human resources
specialist should be consulted beforehand as to requirements particular to the
business.
|
|
|
|
Severance
Pay
|
|
Severance pay
is usually not required by law. However, an employer may consider doing so for
the benefit of both the employer and employee. The employee, of course, gets
some money to cover the time between jobs. Both the employer and employee sign
a release of liability in exchange for the severance pay. The release has both
immediate and long-term benefits for the employer. The employee is happier,
which can raise morale among the remaining employees. A release also removes
the possibility of litigation later. If an employee declines to sign a release,
then the employer has early warning that litigation is possible, and can act to
reduce the possibility of litigation. The severance pay sum should be based
upon several factors, including the possible risk, the state of the employer's
coffers, and the length of the employee's service
|
|
|
|
|