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When Terminating,
Document |
I am firing an employee for insubordination. Should I
document the termination? How specific should I be?
Insubordination is a legitimate reason for terminating an
employee. And it is reasonable for you to expect your
employees to follow directions and carry out the
instructions of a superior.
But be aware, what may appear to be an ironclad reason for
dismissal still needs to be approached and executed with
good planning. And the keys to your plan are documentation
and communication.
It is best to make your written record of the incident as
soon as possible. Keep your documentation to an accurate
accounting of the job-related facts. Be specific and clear
about the reason for dismissal.
This documentation will serve two important purposes: It is
a record for the employee’s file. It will be a key source of
any written communication to the employee about the reason
for the termination.
Communicating the specific reasons for dismissal to the
employee makes it more difficult for the employee to later
allege other discriminatory causes for the termination.
Example: If the discharged employee is a
member of a legally protected group, you will need to be
concerned that the employee may later claim discrimination
as your real reason for discharge. Leaving the grounds for
discharge vague and general runs the risk that a court will
fail to see evidence that your decisions and actions were
fair.
Human resource professionals generally agree that proper
documentation is essential and will work for you in defense
of an unjust claim.
Now, to get even more specific.
An employer’s specific documentation needs to begin long
before the moment of termination, in most instances of a
firing. The employer who wants the strongest possible
defense against a potential charge of illegal discrimination
or wrongful discharge will have written documentation of
each significant incident and action leading up to a
termination.
Especially helpful to an employer’s defense are written
documents--such as warnings to the employee and performance
reviews--that show the employer informed the employee of
specific unacceptable behavior or performance... informed
the employee of the required behavior or performance... and
informed the employee of the consequences if the employee’s
behavior does not change or performance does not improve.
[NOTE: Information and guidance in this story is intended to
provide accurate and helpful information on the subjects
covered. It is not intended to provide a legal service for
readers’ individual needs. For legal guidance in your
specific situations, always consult with an attorney who is
familiar with employment law and labor issues.] |
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