15 Employee Termination Tips for Firing Compliantly

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15 Employee Termination Tips for Firing Compliantly

Firing an employee is one of the most unpleasant tasks you face, not to mention legally risky, and should be navigated with much caution, preparation, and deliberation. Here are 15 tips for effective, compliant, and professional terminations.

1. Terminate in-person

Always conduct the termination meeting in person and have the decision-maker and another management official present in the meeting as a witness. The decision-maker regarding the termination is usually a manager or executive in the organization.
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3 Guidelines When Terminating an Employee

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Unfortunately, some employees don't work out - their behavior or poor performance escalates and they eventually need to be terminated. Many organizations have questions about properly carrying out terminations, including what to do to address the problem, when it's appropriate to terminate an employee, and how they facilitate the termination itself. Here are 3 guidelines when terminating an employee.

1. Address the behavior or performance problem.

Directly address the problem before you terminate an employee, whether it be a behavioral issue such as attendance, tardiness, conduct, attitude, or inappropriate behavior; or poor performance. Approach termination with fairness by bringing the problem to the employee's attention, counseling or coaching them on understanding the problem and disciplinary consequences if they do not change, and providing the necessary training and support for improvement.
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Findings from 9 Recent Court Cases to Help You Stay Compliant

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Do you need to adjust performance expectations under FMLA? Can regular attendance be considered an essential function of a job? Is telecommuting a reasonable accommodation? Is it okay to terminate an employee after they request FMLA? Several recent court cases provide answers to some of your most common questions about administering various employment laws.

 

You may be required to adjust performance expectations under FMLA.

A decision made in 2012 by the Seventh Circuit Court of Appeals in Pagel v. TIN, Inc. finds that while employers do not need to adjust performance standards for the time an employee is actually on the job under the Family Medical Leave Act (FMLA), FMLA can require that performance standards are adjusted to avoid penalizing an employee for being absent during their leave.
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