Termination: 7 Practical Suggestions How

Firing someone is never easy, but sometimes it must be done. In the previous post I outlined the 3 legitimate reasons why you may have to take such action.

Managers and supervisors should always seek expert advice before taking such action. When you ultimately have to do it, here are 7 practical suggestions to follow:

1. Never fire employees on the spot: firing someone can be emotional; it is better to suspend, pending investigation, allowing cooler minds to prevail.
2. Limit firing to a few key managers: this is a serious matter. Leave it to key managers, but allow supervisors the authority to suspend.
3. Use a progressive discipline system: have a defensible, fair process; it protects the employee, the manager and the company.
4. Have a witness present when firing: having another manager present ensures that it is done properly and minimizes misunderstandings and false accusations.
5. Never be abusive or outrageous: being abusive and outrageous is a ticket to a lawsuit. Be professional and civil, minimizing a violent reaction and protecting the dignity of the employee.
6. Never give a false reason when firing: be honest. Giving a false reason could result in a lawsuit.
7. Have documentation supporting the reason for termination: your case for termination should be solid and must be consistent with your policies. If it is not, you shouldn’t do it.

Follow these suggestions and minimize making a difficult situation worse.

For assistance, call my HR HelpLine.

Firing Someone: Only 3 Legitimate Reasons

Terminating someone’s employment is never an easy decision and should not be taken lightly. I am reminded of some excellent advice I received when I got into the business many years ago: “always remember, when you fire someone, you are taking away his or her livelihood.” I never forgot that.

Unfortunately there are times when you must terminate someone. There are really only three legitimate and compliant reasons to do so:

1. Economic reasons, such as lack of work (we call it a layoff).
2. Poor work performance (documented, with appropriate detail).
3. Violation of basic policies such as stealing or mistreating customers.

Termination for these reasons only and you are less likely to face compliance problems.

In the next post, I will provide you some practical discharge methods.

I-9 Forms: New Forms Required

You must be using the new I-9 Form. As I noted in my March blog, the U.S. Citizenship and Immigration Services (USCIS) revised the Employment Eligibility Verification Form I-9. Click to get Form. All employers are required to complete a Form I-9 for each employee hired in the United States.

Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security has published a Notice in the Federal Register informing employers of the new Form I-9.

Effective May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.

 If you have any questions, contact the HR HelpLine.

Light Duty Work: Must I Provide For Non-Work Related Injuries?

This question came in from a client who subscribes to my HR HelpLine.  Here’s the question and my advice:

Client Question: As part of our workers’ compensation program, we bring injured employees back to work on light duty. We now have an employee who was injured outside the workplace. Do we have to provide light duty to him too?

Answer: It depends on the circumstances. Many employers are reluctant to bring injured employees back who were hurt off the job because they fear if the employee aggravates the injury while on light duty at work, it may become a workers’ comp case. As a result, many employers put policies in place limiting light duty jobs to individuals with work related injuries or illnesses only.

However, and this is where it gets tricky, if the injury or illness meets the definition of “disability” under the Americans with Disabilities Act (ADA) and a light duty position is open and available, under the ADA, you would be required to consider reassigning that employee to the light duty position as a reasonable accommodation. The EEOC guidance states: If an employee with a disability who is not occupationally injured becomes unable to perform the essential functions of his/her job, and there is no other effective accommodation available, the employer must reassign him/her to a vacant reserved light duty position as a reasonable accommodation if (1) s/he can perform its essential functions, with or without a reasonable accommodation; and (2) the reassignment would not impose an undue hardship.  This is because reassignment to a vacant position and appropriate modification of an employer’s policy are forms of reasonable accommodation required by the ADA, absent undue hardship

If the injury does not fall under the ADA definition and if the employer does not fall under ADA guidelines, then you would not be required to offer light duty.

Modify your polices and practices to comply with the requirements. Studies also show that employees heal faster while on light duty.

If you need expert advice on employee issues, call the HR HelpLine. I provide operational advice, not legal advice, on how to address difficult employee and organizational issues. To learn more, click here.

Overtime Pay: Should Holidays & Vacation be Included?

This question came in from a client who subscribes to my HR HelpLine service.  Here’s the question and my advice:

Client Question: When calculating overtime pay, do we have to factor in holiday and vacation time into the overtime?

Answer: No. Overtime payment is based on hours worked. Under the federal Fair Labor Standards Act, employers must pay time and one half for all hours worked that exceed 40 in the pay period. Holiday and vacation pay is not considered work time.

As an example, in a hypothetical work week with Monday as a paid holiday under your benefit plan, if the employee received 8 hours holiday pay on Monday, worked Tuesday through Friday, 8 hours each day, and 4 hours on Saturday, the pay would be calculated as:

            8 hrs. holiday pay

+         36 hours regular pay (32 hrs., Tues –Friday plus 4 hrs. on Saturday)

       ________

            44 hours total at straight time

There is no overtime requirement since the regular hours worked (36) did not exceed 40. You should pay the employee 44 hours at the straight time rate.

Note: Employers should note in their policies that overtime is based on hours worked and that holidays, vacation, sick and personal time are not included in the calculation of overtime. Finally, if you have a union contract (this client did not), check how the contract addresses this issue.

If you need expert advice on employee issues, call the HR HelpLine. I provide operational advice, not legal advice, on how to address difficult employee and organizational issues

HR HelpLine: When You Need Expert Advice

Managing people is hard and often frustrating.  Throw in those ever changing employment laws, lawyers that want to sue, employees who “know their rights,” a bruising economy and everyone demanding more and more of your time, and your job just got very complicated.

Well, I can help you with the people side of the business. Since I started my business in 1995 I have provided my clients with practical, uncomplicated, expert advice on how to make managing easier. Through my HR HelpLine, I have provided managers, just like you, the human relations expertise and hands-on skills needed to improve employee productivity, mitigate risk, and eliminate headaches that comes with managing people.

My clients call me for help on a number of difficult issues, from how to deal with the cook who came to work smelling of booze, to the clerk who hasn’t showed up to work in days, to the injured nurse who has refused to return on modified duty, to the manager who gets bit “handsy” with his female staff. You name it, I’ve been asked.

Regardless of the issue, if it is impacting your workplace, I can provide you with the assistance and expert advice you need to rectify the situation.

Want to know more? You can click HR HelpLine for a more detailed description of the service or you can call me direct at 207-967-0837. It’s that easy.

Incidentally, when you call the HR HelpLine, you speak only to me, Rick Dacri. No rookies. And, beyond the unlimited phone and email access, I’ll also give you a subscription to my management newsletter, The Dacri Report; a copy of my book, Uncomplicating Management; and regular updates and alerts designed to help make managing a bit easier.

Sound too good to be true? Give me a call and we can talk a bit more about it—and when you do, I’ll even send you a copy of my book—Free. See, I’m a nice guy too!

Off the Clock Work: Must I Pay?

I received this question about off-the-clock work from a client who subscribes to my HR HelpLine service. Here is the client’s question and my advice:

Client Question: On occasions, some of my employees complete work assignments at home. In addition, most of them regularly check their smartphones for emails and take phone calls from me, other managers or even clients. Am I required to pay my hourly employees for this time?

Answer: Yes. Under the Fair Labor Standards Act (FLSA), employers are required to compensate hourly, nonexempt workers for all work performed, including such “off the clock” work. And, if the total hours worked (regular and off duty) exceeds 40 hours worked, you must pay overtime. You have no obligation to compensate your exempt workers.

It is not uncommon, particularly with good dedicated workers, to find that they put in additional hours beyond their normal work days. This is good for the company and under the law, nonexempts must be compensated for that. Secondly, because of technology, employers have come to expect employees to check smartphones and laptops for emails and texts and to remain in communication during after hour periods and weekends. Again, employers are obligated to compensate nonexempts for all hours worked—whether it is required or not, and even if the employee fails to report it. If an employer has reason to believe it occurred, they should address it with the employee and compensate the employee.

Clearly communicate with your employees that if they work “off the clock,” they are to record these hours and you will compensate them for it.

Is that the policy in your company? How do you handle “off the clock work”? Please comment below.

If you have employee questions, call our HR HelpLine. I provide operational advice, not legal advice, on how to address difficult employee issues.