Termination Decisions and Meetings Training for Supervisors Presentation Subtitle/Description • Presenter’s Name • Date

Introduction Making the decision to terminate an employee and conducting the termination meeting are two of the most difficult responsibilities managers have. Knowledge of the laws and best practices as well as training help both the manager and the employee end the relationship on a positive note. It is essential that all managers, in addition to HR staff, acquire appropriate knowledge and receive the training to make these important decisions and to conduct professional termination meetings. This sample presentation is intended for presentation to managers and other individuals who manage employees. It is designed to be presented by an individual who is knowledgeable about terminations, state and federal laws, and the employer’s policies and practices. This is a sample presentation that must be customized to include and match laws and the employer’s own policies and procedures.

Objectives At the close of this session, you will be able to: Identify the two types of terminations. List reasons for involuntary terminations. Cite the primary laws that pertain to involuntary terminations. Describe the company’s policy. Cite reasons for the importance of documentation. List guidelines for a termination meeting.

Types of Terminations Voluntary: An employee provides a resignation stating his or her intention to leave the organization within a specified period of time. Reasons for involuntary terminations include: A new job Personal reasons (relocation, health, family obligations, etc.) Retirement Involuntary: The employer initiates termination of an employee’s employment.

Reasons for Involuntary Terminations Unsatisfactory Performance Includes situations where the employee fails to satisfactorily perform the essential functions of his or her position and fails to meet established goals; also includes issues such as excessive absenteeism. Organizational Change Includes layoffs and reductions in force. Misconduct Includes violations of the employer’s code of ethics and conduct, policies, practices, procedures or rules.

Questions? Comments?

Primary Laws That Pertain to Involuntary Terminations Title VII prohibits employers from terminating employment based on race, color, religion, gender and national origin. Pregnancy Discrimination Act (PDA), an amendment to Title VII, prohibits termination of employment based on pregnancy and childbirth. Americans with Disabilities Act (ADA) prohibits employers from terminating employment based on disability. Age Discrimination in Employment Act (ADEA) prohibits employers from terminating employment based on age 40 and over.

Primary Laws That Pertain to Involuntary Terminations (cont’d) Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers from terminating employment based on military service. Family and Medical Leave Act (FMLA) prohibits employers from terminating employment based on the serious medical condition of employee, spouse, child, parent or for birth or adoption of child. Note: The employment-at-will doctrine (not a law) pertains to the employer’s right to terminate the employment relationship at any time, for any reason, with or without notice, as long as the employer is not violating any oral or written contracts, public policy, or covenant of good faith and fair dealing.

Our Policy on Involuntary Terminations [Company Name] has a progressive disciplinary policy, which may include: Coaching and counseling Verbal warning Written warning Final written warning Termination

Our Policy on Involuntary Terminations (cont’d) Procedure for a termination: The manager must obtain written approval from two management levels above and from Human Resources. The manager will meet with the employee and inform him or her of the reason for termination. The manager collects company property at time of termination. The date of separation will be the employee’s last day worked. The manager completes an employee action form prior to the day of the termination. Terminated employees will be paid in accordance with state and federal laws; earned but unused paid time off will be paid in accordance with the company’s policy. All insurance coverage and other benefits will terminate according to the company policy and the individual benefits plan.

Questions? Comments?

Importance of Documentation Adherence to company policies. Documentation can indicate whether an employee knew that the policy existed and whether a manager warned the employee about violating the policy. It can also show whether there were any mitigating circumstances and whether the manager followed company policies and procedures when disciplining the employee. A valid business purpose. Documentation will provide evidence that a valid business reason exists for termination and the termination does not violate any law, policy or specific employment agreement. Evenhanded treatment of all employees. 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, color, religion, gender, national origin, disability, pregnancy, age, etc.) had nothing to do with the termination decision.

Importance of Documentation (cont’d) Accommodation. If accommodation is an issue, documentation can provide evidence that an employer made an offer or reasonable accommodation, taking into account a person's religion or disability. Investigation. It is important to conduct a thorough investigation prior to any termination decision. The use of documentation can provide evidence that such an investigation was conducted and employees were given the opportunity to relate their side of the story. Creating a record. An employee's overall personnel record should support the termination decision. Thorough documentation can provide such evidence and substantiate the fact that it was communicated to an employee that there was a performance issue, specific guidance on how to improve, time to improve, and that failure to improve would result in termination of employment. Source: CCH Incorporated, Copyright © 2008, All rights reserved.

Guidelines for the Termination Meeting Before the termination meeting: Have written notes for what to communicate. Time the meeting carefully. Hold the discussion in private. Schedule a conference room in advance, if necessary. Consider having a representative from Human Resources or another manager in the room.

Guidelines for the Termination Meeting (cont’d) During the termination meeting: Avoid small talk. Remain calm. Clearly state the reason for the termination. Avoid personal references or accusations. Make it clear that the employee is terminated and there is no negotiation. Be prepared for the employee’s reaction. Discuss all issues that need to be “closed” (benefits, final paycheck, company property, etc.). Provide a copy of the separation notice. Walk employee to the exit of the building if security is not available.

Questions? Comments?

Summary The two types of terminations are voluntary and involuntary. Reasons for termination include unsatisfactory performance, organizational change and misconduct. The primary laws that pertain to terminations are Title VII, the Pregnancy Discrimination Act, Americans with Disabilities Act, the Age Discrimination in Employment Act, the Uniformed Services Employment and Reemployment Rights Act, and the Family and Medical Leave Act. The employment-at-will doctrine (not a law) pertains to the employer’s right to terminate the employment relationship at any time, for any reason, with or without notice, as long as the employer is not violating any oral or written contracts, public policy, or covenant of good faith and fair dealing.

Summary (cont’) In our company, we have a progressive disciplinary policy and specific procedures to follow in conducting a termination. Documentation is important for several reasons, including the valid business purpose, adherence to company policy, any investigation conducted and consistency with similar situations. Our guidelines for a termination cover proper preparation prior to the termination meeting and how to conduct the actual meeting.

Course Evaluation Please be sure to complete and leave the evaluation sheet you received with your handouts Thank you for your attention and time!