Andrea Shindlebower Main Kentucky League of Cities February 2014
Slide 2 Discharge of Employee - Important to Note It is important
to note that any time you are going to terminate an employee that
you contact your city attorney. In addition, if you have KLC
insurance you can have your city attorney contact us and in some
circumstances we can provide defense counsel at little or no cost
to walk them through the process. This might not prevent a lawsuit,
but it makes any litigation that may occur because of the
termination easier to defend. Slide 3 Documentation, Discipline and
Discharge At-Will Employee What does is mean? What are the
limitations? Prevention Proactive strategies to help prevent the
need for discipline and discharge Documentation Who, What, Where,
When, How & Why Discharge Process Before, During and After
Slide 4 Employment At Will What does it mean? Employment at Will
Employer can terminate "for good cause, for no cause, or for a
cause that some might view as morally indefensible." Real Reasons
Given for Terminations*: Wearing Orange to Work Being too
attractive Wearing Green Bay Packers Tie *Disclaimer we do not
recommend using these reasons Slide 5 Employment At Will-
Limitations Employment at Will is Limited Federal, state and local
laws can limit at-will terminations Federal Laws: Title VII of the
Civil Rights Act Protects against discrimination based on: Race
Gender National origin Color Religion Age (over 40) Disability
Military Status Slide 6 Employment At Will- Limitations Employment
at Will is Limited (cont.) Prohibits discrimination in all
employment practices against individuals in protected classes. Does
not just apply to termination Recruiting, Selection, and Hiring
Training Classification, Assignment and Transfer Compensation,
including fringe benefits Work Environment Promotion and demotion
Discipline Any other aspect of employment constituting a term or
condition. Slide 7 Employment At Will Limitations Employment at
Will is Limited (cont.) State Law: Kentucky Civil Rights Act KRS
344 Same protections as the Federal Law Protects against
discrimination based on race, gender, national origin, color,
religion, age (over 40) and disability. Adds protected class:
status as a smoker or non-smoker Slide 8 Specific Federal and State
Law Limitations Age Discrimination in Employment Act Age
Discrimination (ADEA) Over the age of 40 How to handle termination
of person over the age of 40: Under the ADEA, there has to be a
valid reason -- not related to age -- for all employment decisions.
Examples of valid reasons would be poor job performance by the
employee or an employer's economic trouble. In the case of layoffs,
a company cannot use age as the basis for determining who is laid
off and who is kept on. If most people who are laid off are 40 or
older, and the majority of workers kept on are younger, there may
be a basis for an ADEA complaint or lawsuit, especially if the
employer has hired younger workers to take the places of workers
over 40. Slide 9 Specific Federal and State Law Limitations Age
Discrimination (ADEA) (cont.) Lay off If an employer offers a
severance package to an employee who is over age 40, and the
employee is asked to sign a release, specific requirements must be
met in order to comply with the Older Worker's Benefit Protection
Act (OWBPA), in order for the employee's waiver of rights to be
valid. Among other requirements, the release must include a 21-day
review period as well as a seven-day revocation period; the
language of the release must be understandable to the average
protected employee; and the employee must be advised in writing
that she has the right to consult an attorney prior to signing the
release. Slide 10 Specific Federal and State Law Limitations
Pregnancy Discrimination Act Pregnancy discrimination is defined as
discrimination on the basis of pregnancy, childbirth, and related
conditions. Pregnant employees must be permitted to work as long as
they are able to perform their jobs. If a pregnant employee is
unable to perform certain aspects of their job, such as heavy
lifting or working with toxic chemicals, the employer must
accommodate to the same extent it accommodates other temporarily
disabled employees, such as providing light duty, shifting certain
job duties to other employees, or permitting transfer to a vacant
position. Slide 11 Specific Federal and State Law Limitations
Pregnancy Discrimination Act (cont.) Cannot terminate an employee
based on the fact that they cannot perform a job due to the
pregnancy If no accommodation available they would be entitled to
leave based on your personnel policies OR past practice FMLA 50 or
more employees PTO Unpaid leave Employer cannot move pregnant
employee to another position because of the employers safety
concerns. Employee can voluntarily request to be moved Employer
would accommodate as they would any other employee with a temporary
disability Slide 12 Specific Federal and State Law Limitations ADA
(Americans with Disabilities Act) Protects employees with a
disability that are qualified to do a job with or without a
reasonable accommodation Under the ADA, an employee has a
disability if they have a physical or mental impairment that
substantially limits a major life activity Major life activities
include but are not limited to: Caring for oneself, performing
manual tasks, seeing, hearing, eating, sleeping, walking, standing,
lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working. A major life
activity also includes the operation of a major bodily function,
including but not limited to, functions of the immune system,
normal cell growth, digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine, and reproductive functions.
Slide 13 Specific Federal and State Law Limitations ADA (Americans
with Disabilities Act) The ADA also protects employees that have a
history of a disability Or if an employer believes that an employee
has a disability An individual meets the requirement of being
regarded as having such an impairment if the individual establishes
that he or she has been subjected to discrimination because of an
actual or perceived physical or mental impairment whether or not
the impairment limits or is perceived to limit a major life
activity. Slide 14 Specific Federal and State Law Limitations ADA
(Americans with Disabilities Act cont.) Cannot termination a person
with a disability because they can no longer perform a job
Reasonable Accommodations A reasonable accommodation is a
modification or adjustment to a job, the work environment, or the
way things usually are done that enables a qualified individual
with a disability to enjoy an equal employment opportunity, unless
to do so would cause undue hardship. Examples of reasonable
accommodations include: Making existing facilities accessible; Job
restructuring; Part-time or modified work schedules; Acquiring or
modifying equipment; or Reassignment to a vacant position. Slide 15
Specific Federal and State Law Limitations ADA (Americans with
Disabilities Act cont.) Reasonable Accommodations Undue Hardship
The only statutory limitation on an employer's obligation to
provide "reasonable accommodation" is that no such change or
modification is required if it would cause "undue hardship" to the
employer. "Undue hardship" means significant difficulty or expense
and focuses on the resources and circumstances of the particular
employer in relationship to the cost or difficulty of providing a
specific accommodation. Undue hardship refers not only to financial
difficulty, but to reasonable accommodations that are unduly
extensive, substantial, or disruptive, or those that would
fundamentally alter the nature or operation of the business. An
employer must assess on a case-by-case basis whether a particular
reasonable accommodation would cause undue hardship. Slide 16
Specific Federal and State Law Limitations Are these requests for
reasonable accommodations under the ADA? Example A: An employee
with a hearing disability must be able to contact the public by
telephone. The employee proposes that he use a TTY to call a relay
service operator who can then place the telephone call and relay
the conversation between the parties. Example B: A clerk easily
becomes fatigued because of lupus and, as a result, has difficulty
making it through her shift. The employee requests a stool because
sitting greatly reduces the fatigue. Example C: An employee tells
his supervisor that he would like a new chair because his present
one is uncomfortable. Slide 17 Specific Federal and State Law
Limitations USERRA Cannot terminate based on the fact that the
employee is in, or has been in, the military service Prohibits
discrimination against individuals who enter the military,
reserves, National Guard, Coast Guard, or other military services.
Requires reemployment of individuals with no loss of pay,
seniority, or other benefits. Slide 18 Specific Federal and State
Law Limitations USERRA - FYI Requires reemployment of individuals
with no loss of pay, seniority, or other benefits. o Five
conditions of reemployment 1. Must have a civilian job 2. Must
provide written or verbal notice prior to leaving 3. Must not
exceed the 5 cumulative years of service o Exceptions to the 5 year
rule: o Unable to obtain release from service o Required drills and
annual training and other training duty certified by the military o
Service performed during national emergency or time of war includes
voluntary and involuntary service 4. Must be released from service
under conditions other than dishonorable 5. Must report back to the
civilian job in a timely manner or submit a timely application for
reemployment. Slide 19 Employment At Will Limitations Employment at
Will is Limited (cont.) Local Laws Fairness ordinances Sexual
Orientation and Marital Status Morehead, Vicco, Covington,
Lexington, Louisville Local ordinance limiting action to for cause
or good cause. Implies a fair and honest reason for terminating an
employee Mayor / Council form Mayor still has ultimate authority to
remove Slide 20 Employment At Will Limitations City Specific Issues
by State Law Police and Fire (KRS 95 and KRS 15) Hearing process
Non-elected officers (KRS 83A.080) Written Reason for Dismissal
City Managers (KRS 83A.150) Hearing process Urban County
Governments (KRS 67A.280) Hearing process Civil Service System (KRS
90) Hearing process Slide 21 Employment At Will Limitations City
Policies Be careful about using the term Probationary Legal trend
is to advise against the inclusion of such language in employee
manuals for normal employees. Generally included only if there is
some period must be satisfied prior to gaining some type of
benefit. Must be an employee of the city for 90 days before
eligible for health insurance Less popular because the implies the
once period has ended, the employee becomes tenured, has some
greater contractual right, or modifies at-will standard to just
cause only terminations. If included, other terms such as
introductory period, orientation period, or trial period should be
used. Disclaimer should be included if the term probationary is
referenced anywhere in the handbook and a separate acknowledgement
should be signed by any new employee. Slide 22 Employment At Will
Limitations However using a term such as trial period For city
police and fire, can be considered a good practice Do not have to
follow police officer bill of rights or hearing procedures during
this period! See Rottinghaus v. Board of Commissioners, 603 S.W. 2d
487 (1979) where the court said the probationary provisions did not
constitute a disciplinary regulation, but rather a legislative
directive setting up a process for evaluation of a potential member
of the police department. OAG 82-577 Slide 23 Employment At Will
Limitations Questions about employment at will or the limitations?
Slide 24 An Ounce of Prevention Proactive instead of Reactive How
do you become proactive instead of reactive? Treat all employees
with: Dignity Respect Courtesy Fairness Slide 25 An Ounce of
Prevention Proactive instead of Reactive Poor employee relations
can result in the need for disciplinary measures as they can cause:
Absenteeism Poor Performance Low Morale Turnover Litigation Slide
26 An Ounce of Prevention Proactive instead of Reactive What else
can you do that is proactive? Determine major job duties Clear job
descriptions Make sure they are current update frequently Define
Performance Standards To use as a benchmark in measuring actual
performance. Make sure employee performance standards are expressed
in terms of quality, quantity, timeliness or cost savings.
Communicate performance & behavior expectations Provide an
orientation or on boarding program for new employees Review job
descriptions and performance standards with employees Have written
policies and procedures regarding rules and review them with
employees Slide 27 An Ounce of Prevention Proactive instead of
Reactive What else can you do that is proactive? (cont.) Establish
a climate of communication Open door policy Provide ongoing
coaching and feedback How well are they doing? What can they do to
improve? Document job performance The good and the bad Evaluate job
performance Annually bi annually follow policy Provide effective
training & resources Slide 28 An Ounce of Prevention Proactive
instead of Reactive Questions or comments about being proactive?
Slide 29 Progressive Discipline - Principles Four Principles
Surrounding Effective Discipline Corrective Fair Consistent
Progressive Slide 30 Progressive Discipline - Definition
Progressive Discipline What is it? A system of increasingly severe
penalties for each time an employee is disciplined for any of the
following during an active period (usually 12 months): Same
situation Similar situation Serious situation Series of situations
- bundling Slide 31 Progressive Discipline - Goals Goals of
Progressive Discipline Correct undesirable conduct, rather than to
simply punish; Communicate problem issues directly and in a timely
fashion; Include employees in the problem solving process; Slide 32
Progressive Discipline - Goals Goals of Progressive Discipline
(cont.) Provide proof that you made an effort to rehabilitate the
employee before the ultimate decision to terminate; and Demonstrate
that there was no other alternative but to terminate the employee
because they refused to accept the invitation to improve their
conduct or performance Slide 33 Progressive Discipline - Steps
Progressive Discipline Steps Coaching / Review Expectations Verbal
Reprimand Written Reprimand Suspension Termination What is set out
in your city policies! Slide 34 Progressive Discipline - Steps Step
1 Coaching What is the goal of coaching? Reestablish Expectations
Resolve the problem before it progresses any further Address minor
infractions before they come major infractions Establish two way
communications Clearly identify the substandard performance or
behavior Slide 35 Progressive Discipline - Steps Step 2- Verbal
Reprimand What is the Goal? Informal communication to the employee
about an issue Discussions need to include: Specific incident Time
and place of the incident Effects of the incident Set expectations
Possible consequences Follow the verbal reprimand with a confirming
memo Slide 36 Progressive Discipline - Steps Step 3 Written
Reprimand What is the goal? Last chance agreement Lets the employee
know that a breach of a final written warning could or will result
in discharge A final warning offers few alternatives Specifics on
documenting written reprimands is addressed in the next section
Slide 37 Progressive Discipline - Steps Step 4- Suspension Goal of
suspension? Used to investigate the facts Provides breathing space
to deal with what appears to be serious misconduct Allows time for
consultation with higher levels of authority who are not readily
available Never terminate on the spot even if employee has
seemingly made a dischargeable offense, instead investigate Collect
evidence from both sides of the story and get the board of
commissioners and the city attorney involved Investigate within
48-72 hours of the incident Slide 38 Progressive Discipline - Steps
Step 4- Suspension (cont.) Review past practice. Make sure that
other employees have been treated in the same way in other similar
circumstances Suspension is the last means of corrective action
prior to termination Normal length of suspension should not exceed
3 working days However, there may be times where longer or shorter
suspensions will occur Read your policy regarding pay during
suspension If unpaid and employee found to be innocent they need to
receive back pay for the time they were suspended without pay.
Slide 39 Progressive Discipline - Steps Step 4- Suspension (cont.)
Basics of Suspension Letter A suspension letter should include:
Review of past disciplinary action, if any Policy regarding
suspension Specific reason for suspension Expected behavior or
performance That suspension is their last warning Further violation
may result in discharge The length of suspension The date and time
employee is to resume work Slide 40 Progressive Discipline -
Questions? Questions about progressive discipline? Slide 41
Documentation What Actions Call for Documentation? Documentation
What employment actions call for documentation? Mid-year and or
annual performance reviews Violation of city policy, procedure,
practice, or code of ethics Attendance issues Poor performance
Demotions Promotions Change in job duties Training needs and
accomplishments Merit increase decisions based on performance Slide
42 Documentation Details When to begin? Documentation When should
you begin formal documentation? Assess each instance on a case by
case basis, but be consistent Depends on the severity of the
behavior, frequency, prior coaching or counseling, and employees
intent For example an employee is late one time For example if an
employee punches a coworker Slide 43 Documentation Goals
Documentation What is the goal of documentation? To create a record
of employment history Why is documentation so important? It
establishes a record of employment actions taken and the reasons
for the actions Memories fail If promotion or termination occurs
you need something to back it up! Informs employees of what is
expected of them and the consequences if they dont meet
expectations Employees should never be surprised when they are in a
termination meeting Slide 44 Documentation Importance Documentation
Why is documentation so Important? (cont) From a performance
management standpoint, it serves as a written record to guide both
the employer and the employees future behavior. Gives the employee
an opportunity to improve Or advises the employee that they are on
the right path It serves as evidence for actions taken, in the
event the employee takes formal or informal steps with a claim
against the city It assures fair and equitable treatment to all
employees Slide 45 Documentation What if there is no documentation?
Documentation What are implications of not documenting? Performance
or behavior doesnt improve Negative impacts on the city, as well as
employee morale, and eventually the managers own performance
Increased frustration Managers / Department Heads Co-workers Slide
46 Documentation What if there is no documentation? Documentation
What are the implications of not documenting? (cont.)
Misunderstanding on the interpretation of discussion between the
employee and the employer Employees may not be treated equally May
end up with a discrimination claim May end up with a wrongful
termination claim If claim is filed against the city there will be
a lack of documented formal evidence for defense of legal claims
Slide 47 Documentation Who is Responsible? Documentation What
documentation is supervisor/manager responsibility? Handwritten or
typed notes from coaching or counseling sessions with employees.
Written comments including specific examples in performance reviews
Disciplinary actions Warning documents with specific examples and
consequences Business reasons for employment actions Demotions
Promotions Layoffs Slide 48 When to Consult? When to consult with
city attorney (cont.) Demotions Promotions Work/life balancing
matters Telecommuting Flex schedule Harassment claims Final written
warning Egregious code of ethics or personnel policy violations
Layoffs Terminations Slide 49 When to Consult? When to consult with
city attorney Request of an accommodation religious and medical
What are the essential functions of the job? Job description Before
terminating employee that is on FMLA or Workers Comp Could it be
considered retaliation for FMLA request or for being on workers
comp? Significant changes to job duties Job description Slide 50
Documentation When? Documentation Make sure that you discipline as
close to the time of the infraction as possible but not in the heat
of the moment Slide 51 Documentation Investigation Documentation Do
investigate each incident regardless of how it first appears Select
an appropriate time and place to meet with the employee privately
Document Allow the employee to explain Listen and respond in a calm
manner Confer with board of commissioners / city attorney for their
recommendation on how to proceed based on your personnel policies,
ethics ordinance, federal, state and local law. Slide 52
Documentation Investigation What to consider when investigating
Facts surrounding the incident Seriousness of the infraction Was
the employee informed of the work rules Have they been previously
advised, coached or warned about the issue The degree to which the
action hampers the citys mission or day to day operation Any
previous documentation of performance problems in the last 3- 6
months? Was the employee provoked? How thoroughly have you examined
the issue? How were other employees who were in this situation
disciplined? Consider policy vs. past practice Slide 53
Documentation How to Document How to document Follow the city
policy Start early Make it a habit to discuss all employees
performance with the employee continuously as part of the
performance management process. Include positive and negative
feedback Tell employees in advance what is expected (on boarding or
new employee orientation) Slide 54 Documentation How to Document
How to document (cont.) Dont wait hoping the issues will improve
They usually wont Document only the facts Not subjective thoughts
or conclusions Subjective example Your typing error rate is too
high You need to improve your customer service skills Do any of
these statements set expectations? Objective examples You are
averaging 40 wpm while the departmental average for admins is 55
wpm I expect to receive zero customer service complaints over the
next 30 days Quantify! Slide 55 Documentation How to Document
Documentation Good documentation answers these questions: Who
Was/Is involved and their position Are there any witnesses? What
Describe the incident What rule or policy was violated? Where Was
it on the city property? When Did it occur during work hours? Off
duty? Not why unless the employee gives their own explanation Slide
56 Documentation How to Document How to document (cont.) Use city
warning letter template Describe the specific behavior or actions
Use verbs Do not add comments, insights or interpretations Include
a statement of the policy, procedure, ethics violation or rule that
was violated Include the actual or potential consequences of the
offense In addition to the discipline include: Burden on coworkers
Possible hazards from the conduct Contribution to lack of harmony
and cooperation among coworkers Costs to the city - lawsuits Slide
57 Documentation How to Document How to document (cont.) Include
the outcome that is expected Work Improvement Plan Follow-up date
for a meeting Depending on the type of improvement that is required
Usually 60-90 days Failure to improve as outlined in this letter by
xyz date may result in further disciplinary actions, including
termination. Slide 58 Documentation How Should it Read?
Documentation No matter how informal the documentation, ask
yourself these questions: Do I restrict my written comments to an
employee's on-the-job performance? Do I remain objective when it
comes to analyzing an employee's work? Do I consider how my words
may be construed as unprofessional, demeaning or sarcastic? Do I
make certain that I get all the facts from all involved parties?
How would it read in court? Does it suggest a discriminatory or
retaliatory motive? Slide 59 Documentation Formal Written Warning
Formal written warnings Ask employee to sign indicating that they
had the discussion received a copy and understood the document
Formal Written Warning What if they refuse to sign? Allow them to
write a response and attach to the documentation Have third party
come in to witness it was done Slide 60 Documentation Formal
Written Warning How to document (cont.). On January 12, 2014, I
spoke with John Smith in regards to his excessive tardiness. I
asked if there was a particular reason as to why this was happening
on a daily basis. John said there was not and that he would be on
time from now on. What is missing? Slide 61 Documentation Formal
Written Warning How to document (cont.) - What was missing from the
documentation on the previous slide? Needs specific dates of
tardiness and the exact times Include references as to how this
effects other employees They are having to pick up the slack when
they are late and they are resentful Bad for morale because it is
unfair that you can be late without consequences and they get to
work on time every day Need an action plan Have the employee assist
in coming up with the action plan Can get up earlier Can lay out
clothes the night before Change in hours Need consequences for not
following through with action plan If employee is late one more
time in the next 30 days they will be terminated Need a follow up
date 30 days February 12, 2014 Signatures Employee Supervisor Slide
62 Documentation Formal Written Warning Formal written warnings
(cont) Give a copy to board of commissioners Place in Personnel
File Document the discussion from the meeting in writing Discuss
any issues with Board of Commissioners / City Attorney Sample Slide
63 Documentation Formal Written Warning Sample Sample Letter
Written Warning (On City Letterhead) Hand Delivered Date Employee
Name Home Address City, Province, Postal Code Dear Employee Name,
This letter will confirm our discussion today during which you were
advised that your recent is not acceptable, specifically... You
were also advised that immediate improvement is required. The plan
that we discussed was. We rely upon each employee to perform their
jobs to the best of their ability and at a satisfactory level as
well as to abide by our policies, which are designed to make our
working environment a positive and productive one. As a member of
our team, when you fail to meet these expectations, it has a
negative effect on the company and on your co-workers, which is not
acceptable. Continued Slide 64 Documentation Formal Written Warning
Sample Sample Letter Written Warning Continued It is expected that
you will immediately address this situation and that further
discussions will not be required. However, if there is a need to
again have a discussion arising from a lack of corrective action
being taken by you, the company reserves the right to impose
further disciplinary actions, up to and including suspension
without pay and termination of employment. Should you require
assistance or have any concerns going forward, please do not
hesitate to discuss them with me. We continue to believe that you
can be a valuable part of our team in the future and look forward
to seeing positive actions and results from our discussion.
Sincerely, Signature Managers Name cc. Employee File I understand
the contents of this letter, the expectations of me from the
company and that I will be subject to further disciplinary action
should I fail to improve my.
___________________________________________________________________
Employee SignatureDate Slide 65 Documentation Summary REMEMBER:
Documentation is important for both the employee and the employer
Good documentation answers the questions Who, What, When and Where
Document Early. Dont wait! Slide 66 Documentation Summary
REMEMBER(cont.): Discussions without documentation only equals
misunderstandings Discuss and document only the facts Give specific
examples on what the employee has done wrong and on ways they can
improve Always consult with your attorney on matters concerning
FMLA, ADA, harassment claims, final warnings and definitely before
termination Ask employee to sign documentation of disciplinary
actions Slide 67 Documentation Questions Questions about
documentation? Slide 68 Discharge Pre-termination Checklist Now
what? Follow your pre-termination checklist Make sure all bases are
covered Sample next slides Slide 69 Discharge Sample
Pre-Termination Checklist Documentation Pre termination checklist
The following items should be considered prior to the termination
of an employee. Not all items will apply to all employees or all
circumstances. ___ Determine if the termination is the fault of the
employee or the system. If the latter, termination may not solve
the problem and may lead to litigation, lowered morale and employee
and customer defection. ___ The employees personnel file has been
reviewed and there is proper documentation supporting the
termination decision, including investigation, warnings and witness
statements. ___ Any company policies and procedures violated by the
employee are reasonably related to the operation of the business or
the employee job performance. ___ The termination procedure follows
company policies and procedures. ___ Other employees have been
treated similarly under the same or similar circumstances. Slide 70
Discharge Sample Pre-Termination Checklist Documentation Pre
termination checklist Cont. ___ The employee has been subjected to
progressive discipline where warranted. ___ If the employee is
within a protected class (over 40, female, minority, disabled,
etc.), discriminatory motives have been ruled out. ___ All employee
complaints have been fully investigated and the recommended
termination is not the result of retaliation for communicating any
grievance, claim or complaint. ___ Before recommending termination,
have you considered: restructuring the job; moving the employees
work location; a demotion; a transfer; new supervision; leave
without pay; referral to an employee assistance program; voluntary
resignation; or other alternatives? ___ There are no implied,
written or oral contracts with this employee governing the
termination decision. Slide 71 Discharge Sample Pre-Termination
Checklist Documentation Pre termination checklist cont. ___ The
termination has been independently reviewed and approved by the
Executive Authority. ___ Written notice of termination has been
prepared. ___ A plan has been adopted for informing the employee of
their termination in a brief and dignified manner. ___Termination
is set for xyz date in the morning at the employees office or in
the conference room. ** Many studies suggest that Monday through
Wednesday are the ideal days to part ways with an employee because
it gives days for the ex employee to get their affairs in order and
to contact the company with questions that may come up 24-28 hours
after the separation. Many times they have questions regarding
COBRA or unemployment. It also allows you time within the week to
schedule your current employees for meetings and deal with
reactions. Better to discuss quickly than to allow current
employees the weekend to stew over it. ___ City attorney /
liability insurance provider has been consulted prior to the
termination decision. Slide 72 Discharge Guidelines for the
Termination Meeting Before the termination meeting: Have written
notes for what to communicate. Time the meeting carefully. Schedule
a conference room in advance, if necessary. Hold the discussion in
private. Have someone else in the room the mayor, commissioner, the
supervisor, city attorney, or other HR person. Make sure that
someone in the room has a good understanding of benefits in the
event the employee has questions. Slide 73 Discharge Guidelines for
the Termination Meeting During the termination meeting: Avoid small
talk. Plan the message and stay the course. The message of
termination should be relayed immediately after the meeting begins.
Avoid a long build-up to, soften the blow because this will only
confuse and cloud the message. Remain calm. Clearly state the
reason for the termination. The employee should be provided facts
supporting the decision and then provided a moment or two for the
words to settle. When speaking to the employee, managers should
attempt to remain positive in tone. It is important to be
compassionate, yet factual, and considerate, without being
apologetic. Slide 74 Discharge Guidelines for the Termination
Meeting During the termination meeting (cont.): Avoid personal
references or accusations. Make it clear that the employee is
terminated and there is no negotiation. Be prepared for the
employees reaction. Be prepared for the terminated employee to be
upset or argumentative, but do not engage in debate. Saying the
wrong thing in the heat of the moment could be costly in a future
lawsuit. Repeat that the decision has been made with careful
consideration by the city and no amount of talking or arguing will
change the fact. Slide 75 Discharge Guidelines for the Termination
Meeting During the termination meeting (cont.): Discuss all issues
that need to be closed Benefits, possible severance, pay out of
paid time off (if applicable) and when to expect final paycheck
Return of city property cell phones, laptops, keys Provide a copy
of the separation notice. Conclude termination meetings with a
handshake and genuine sentiment of best wishes, both personally and
professionally. Empathy, and professionalism is key when delivering
a termination message. Walk employee to the exit of the building.
Slide 76 Discharge Guidelines for the Termination Meeting After the
termination meeting: Permissions, privileges and email should be
shutoff as the meeting commences or shortly thereafter. Do not
allow for long transition periods. Based on the situation, a
terminated employee may be asked to leave the offices as soon as
possible and should be escorted. If there is a concern about asking
the person to perform the walk of shame during business hours,
personal effects can be sent to the employees residence. Slide 77
Discharge Practical Advice / After the Termination Post-termination
legal proceedings often begin when dismissed employees feel they
were not treated with respect. It is important for employers to
respond and consider requests of a terminated employee seriously.
Employees may write seeking additional facts and explanations about
their terminations. Cities should respond promptly and
professionally. Slide 78 Discharge Practical Advice Below is a list
of common mistakes employers should avoid: Do Not - give employees
false hope and say you will help them find a job. Do Not - offer to
provide a recommendation unless you have considered this in advance
and consistently provide such documentation to separating staff. Do
Not - say, "I'm sure youre not going to have any trouble..." Do Not
- pass the responsibility of the decision and say this firing was
not your idea. Do Not - give platitudes such as: "Its probably for
the best." Do Not - say: "I feel really bad about this." No one
feels as bad as the employee being terminated. Do Not - interrupt,
contradict or try to defend yourself or the city. Arguing will only
create resentment and frustration on the part of the employee. Do
Not - assess blame or make apologies. There is no reason to blame
the employee or the city for the termination. Do Not - apologize,
you can express regret that the employment relationship did not
work out, but do not apologize. Do Not - take responsibility for
the failure. You may want to simply express regret that the
opportunity did not work out. Do Not - offer advice. Listen
respectfully. Do Not - discuss the termination with anyone other
than the employee and those directly involved. Slide 79 Discharge
What Now? After they are gone Break the silence It is natural for
remaining employees to be concerned about their own job security
and about the treatment of their co-worker. It may be easier to
just let the situation blow over, however, silence speaks volumes
and you might not like what it has to say. Take control of the
message by providing communication in a quick and concise manner
When discussing the termination with current employees, managers
should be brief, general and respectful of the dismissed employees
privacy. This is particularly important in view of the increasing
number of defamation claims brought by terminated employees. A
statement of a termination regarding the employees separation date
and well wishes for the future is all that is needed. Handling the
situation immediately following the termination allows the healing
process to begin for the employees. Slide 80 Discharge What Now?
Termination based on performance problems Usually this is not a
surprise (if handled correctly) to other employees Make a generic
statement that the person is no longer with the city Discuss action
plan to replace as quickly as possible and who will handle their
job duties until that occurs Slide 81 Discharge What Now?
Termination based on egregious misconduct Examples include
harassment, theft of city property, or physical violence Call a
meeting to let employees know that the employee is no longer with
the city Let them know that you are not at liberty to discuss the
specifics but that the employee was treated with respect, and that
you ask that employees do not engage in hearsay out of respect for
the former employee Discuss action plan to replace as quickly as
possible and who will handle their job duties until that occurs Let
them know who external inquiries should go to Slide 82 Discharge
What Now? If this is a reduction in force: If possible allow the
departing employees to say goodbye. Allows employees to see that
the person was treated with respect Call a meeting with the
employees to briefly acknowledge what has happened Focus on the
fact that there are no further plans to lay off End the meeting
with an action plan Who will handle the responsibilities of the
person(s) let go Slide 83 Documentation, Discipline & Discharge
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