The Pink Slip When It’s Necessary To
Terminate Employees BY KERRI FIVECOAT-CAMPBELL
Terminating employees is never an ideal situation, nor is it pleasant, but sometimes the employee just doesn’t have the skills to do their job and cannot be trained. In worst cases, he/she is a toxic employee. “Hiring is always a lot more gratifying than firing,” says Anne Mari DeCoster, COO of Storelocal Storage Co-op in Scottsdale, Ariz.
establish guidelines that will protect you and your company from unwanted legal action.
S
Legalities Of Terminations Scott Zucker, partner with Weissmann Zucker Euster Morochnik Garber P.C., in Atlanta, Ga., says first a company must determine if the employee is “at will.” The National Conference of State Legislatures defines “at will” employment as when “an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability.”
Zucker explains, “Termination
without cause is fine if there is a hiring letter, contract, or a handbook defining the employment as ‘at will.’ Most states are at will or what is referred to as ‘Right to Work.’ The business has the discretion to hire or fire.” Zucker also adds that if an employee is under a specific contract, it is a different type of termination.
However, it’s illegal to terminate
someone based on discriminatory intent. According to the Equal Employment Opportunity Commission (EEOC), the protected employment classes include, “race, color, religion, sex (including preg- nancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, and genetic information (including family medical history).”
ometimes, there is no other choice. However, it is very important you
Nevertheless, companies have wide
room to terminate an employee if it is not done with discriminatory intent. “Busi- nesses can terminate employees based on the needs of the employer,” says Zucker. “Certain states may have certain conditions of notification and other rules, but generally, employers are not forced to keep employees that are hurtful to the employer’s business.”
Even in cases where there is just cause
to terminate the employee, it’s common for the employee to be upset and try to either get their job back or claim they were fired for some other reason. “Just think of the stress that comes with getting fired,” says Zucker. “Many times, employees will challenge their termination.”
That’s why it is so important to ensure
you have a clear written agreement as to how they are to receive wages, bonuses, overtime, reimbursement for expenses, etc. “They may bring allegations of you owing them money just because they’re upset,” says Zucker.
As well as documenting their employ-
ment at the beginning of their tenure, it’s important to document their work performance, including all verbal discus- sions and written warnings. “There may be an allegation of discrimination under a protected class and you, as the employ- er, will have to respond. This is where the importance of written documentation comes in,” explains Zucker. “It may be
Documentation For Termination Typically, getting to termination is a process. However, there are some things for which you may terminate the employee on the spot, including major infractions such as theft or lying about the time they have worked, which is defrauding your company.
MiniStorageMessenger.com • September 2022 69
a claim that is completely unjustified and done just because they are upset, but if you document your arrangement and do proper documentation before terminating the employee, you may get it resolved early.”
Zucker points out that there should
be more than one person in the room when terminating the employee, so there are witnesses as to what is said and done.
One thing Zucker says employers
sometimes forget to do is the follow-up paperwork that comes with terminating an employee. Remember to notify:
• Relevant state and federal agencies so you are not charged for further withholding. Be sure to put a cause so the employee cannot draw unemployment.
• Your insurance companies for health and workman’s compensation.
• The payroll company so they don’t cut more checks for the employee.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80
