Disciplinary action and firing employees

Let’s face it. No one wants to terminate an employee. It is often a difficult decision and process for everyone involved. However in many cases termination is the only option, so it must be done correctly so that your state’s human resources regulations and to avoid wrongful termination actions.

Proactive Patient Services recommends that you consult with a human resources professional to be sure you have all your “I’s” dotted and “T’s” crossed.
Some basic guidelines that must always be followed are as follows:

Guideline #1 – Your Company job descriptions, employee review, disciplinary action, and firing policies must be clearly written, up-to-date and followed exactly. Make sure every rule and procedure has been followed. Make sure you understand your state’s laws for terminating and employee. If in doubt check with human resources professional and/or an attorney.

Guideline #2 – Next you will want to make sure that you have a written “paper trail” in the employee’s personnel record. Was the employee written up and given a corrective action plan? Did the employee demonstrate that he/she did not improve their performance? Also, you must demonstrate that other employees were treated in the same manner (held to the same standards) as the employee who is going to be terminated.

Guideline #3 – After you have doubled checked and made you are in compliance with guidelines 1 and 2 put together your plan and make sure you and the employee’s supervisor know what you are going to say to the employee. This is no time to wing it! In some states, you can end up on the wrong side of the law if you say positive things about an employee prior to the termination. Basic areas that should be covered in your pre-planned script and follow-up steps are as follows:

• A clear statement that the employee is being terminated.
• A clear statement as to the reason(s) why the employee is being fired. Make sure to quickly summarize the major areas. Make sure not to debate or argue with the employee.
• Severance package, if being offered.
• Make sure you answer questions with facts and in a calm voice.
• Have the employee’s final check ready.
• Have information on COBRA and or your company’s policy regarding health insurance plan.

Be sure to have a Human Resources person and/or one witness present.

• Retrieve all company property, e.g., keys, identification badges, parking pass, cell phones, etc.
• Verify employee’s password and check email and voice mail systems.

Terminating an employee requires careful consideration, doing your home work and preparation. According to Suzette Ali, MBA, Human Resources Specialists for Proactive Patient Services, “Employers need to make sure they have not just followed their own disciplinary policies but any policies pertaining to the termination. A change of status form or letter must be completed stating the reason for termination. This is important because an employer’s unemployment claim as well as wrongful termination will be based on this reason. Also, in reviewing the termination, if the person is in a protected class would the person have any reason to claim that the termination was a result of discrimination. It is important that the employee be treated with respect and leave with their dignity intact. The most common wrongful terminations seen today are for policy violation, discrimination, and retaliation. An employee handbook, policies and procedures are only as good as the end user.”