4/00/31511251 © 2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations Grounds for Termination.

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Presentation transcript:

4/00/ © 2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations Grounds for Termination

4/00/ © 2000 Business & Legal Reports, Inc. Goals Review the federal employment laws that affect termination. Know the legitimate reasons you can safely terminate and how you should go about it. See why you need to keep up-to-date and accurate records on employees.

4/00/ © 2000 Business & Legal Reports, Inc. Federal Fair Employment Laws Civil Rights Act of 1964 Equal Pay Act of 1963 Fair Labor Standards Act National Labor Relations Act Occupational Safety and Health Act Age Discrimination in Employment Act Employee Retirement Income Security Act Rehabilitation Act of 1973, Americans with Disabilities Act of 1990

4/00/ © 2000 Business & Legal Reports, Inc. Poor Performance Firing is an absolute right Documenting poor performance is a must Firing ‘protected’ employees requires careful records

4/00/ © 2000 Business & Legal Reports, Inc. Insubordination Investigate Provide evidence Breaking the law is not insubordination

4/00/ © 2000 Business & Legal Reports, Inc. Poor Attendance and Tardiness Distinguish between excused absences and unexcused absences Is being a little late grounds for dismissal? Document all absences and excessive tardiness

4/00/ © 2000 Business & Legal Reports, Inc. Violations of Company Policy Make sure all company policies appear in the employee handbook Be sure all employees see and understand the policies Ensure that all employees know the consequences of not adhering to the policies

4/00/ © 2000 Business & Legal Reports, Inc. Breaking the Law Did the illegal activity happen outside of work? Has the employee been convicted? Is the crime related to the job?

4/00/ © 2000 Business & Legal Reports, Inc. Dishonesty Don’t accept dishonesty Base your decisions on solid evidence Recognize that dishonesty comes in many forms Use a code of ethics

4/00/ © 2000 Business & Legal Reports, Inc. Safety and Health Threats Drugs and Alcohol Problems AIDS

4/00/ © 2000 Business & Legal Reports, Inc. Dress Code Violations When is a dress code needed? Should you make exceptions for religious and cultural beliefs?

4/00/ © 2000 Business & Legal Reports, Inc. Layoffs Give effective notice Comply with the WARN Act Consider laid-off employees for future job openings

4/00/ © 2000 Business & Legal Reports, Inc. Other Considerations When it comes to termination, don’t stall Termination is a private matter

4/00/ © 2000 Business & Legal Reports, Inc. Summary It is easier to hire than fire Keep accurate, up-to-date employment records Distribute company policies to all employees Do not violate any federal or state laws

4/00/ © 2000 Business & Legal Reports, Inc. Quiz 1. What does Title VII prohibit? 2. What is the importance of developing a company policy when it comes to firing an employee? 3. What alternatives to firing do you have if an employee is charged with a crime outside of work? 4. Can you fire a member of a “protected class”? 5. Describe a “subtle” form of dishonesty that can harm your company.

4/00/ © 2000 Business & Legal Reports, Inc. Quiz (cont.) 6. What does employment at will mean? 7.What does the Equal Pay Act do? 8.Can you fire an employee who becomes pregnant while working for your company? 9.Is it okay not to have a dress code? 10.What two questions should you ask yourself before firing an employee who has violated the law?

4/00/ © 2000 Business & Legal Reports, Inc. Quiz Answers 1. Title VII prohibits discrimination on the basis of race, color, sex, religion, or national origin. 2. It gives the employer a tool to use to fire or discipline an employee when the employee violates company policy. 3. Suspension or removal to a less visible position. 4. Yes, providing the reason you are firing them is not to mask discrimination.

4/00/ © 2000 Business & Legal Reports, Inc. Quiz Answers (cont.) 5.Lying on a résumé. 6. Either party can end the employment at any time for any reason providing no laws are being broken. 7. Employers are required to pay men and women the same pay for the same work. 8. No. Violation of Title VII amendment. 9. Yes. But if you do have a dress code, it is a good idea to spell it out in the company’s policy handbook.

4/00/ © 2000 Business & Legal Reports, Inc. Quiz Answers (cont.) 10. Was the employee convicted of the crime, or is he or she just being investigated, and what relationship does the crime have to the employee’s work?