Are You Prepared ? Are You Sure ?

Discrimination Retaliation Constructive Discharge

voluntary and indefinite for both employees and employers

Promise Statement Company Policy Company’s historical actions

whistleblower protection rights are designed to:  encourage employees to halt, report or testify  about employer acts that are illegal or unhealthy,  without fear of employer retaliation.

Extraordinary change Intolerable working conditions

Negative, false statement of fact regarding  Serious criminal misbehavior  Sexual misconduct  Background checks

intentional twisting of the truth or concealment of facts

Fair Credit Reporting Act Bankruptcy Act Discrimination Laws Defamation laws

Performed annually Written truthfully

Document, Document… Document, Document,Document,Document,Document,Document,Document,Document,

Develop fair rules & consequences Clearly communicate policies Conduct a fair investigation Balance consistency & flexibility Use corrective—not punitive— action

Management action may be considered punitive if it is  intimidating,  aggressive,  and provocative,  lacks professionalism,  applied hastily,  or seems out of line with the offense.

Terminate the Employee’s Services  If you have a progressive discipline policy, follow that process before moving to termination  You may need to be more flexible (e.g. advancing the severity, shortening the process, etc.) based on the individual situation  Consider the timing of the termination meeting relative to other open or outstanding issues

Terminate the Employee’s Services  Ensure the employee has been afforded due process  Schedule termination meeting as soon as possible after process and documentation are complete  Arrange to have two witnesses present  Prepare meeting materials: termination letter, forms, termination checklist, etc.

Guidelines for the Termination Meeting:  Keep it short and to the point  Do not try to make it easier by saying “nice” things  Employee must know specifically why his/her services are being terminated – employee must leave with a clear understanding of what caused this action  Stand your ground – do not allow the employee to argue with you  Set out a plan and follow it – do not change your mind

No matter how hideous a specific infraction may be, a worker ought not be terminated on the spot. Termination without the suspension Touch base with your attorney

Decision has been made with much care Not a surprise to the worker Total preparation Letters of reference Resignation or termination Meeting place and time Pay and paperwork Escorting the employee