You may
need to find out how to fire employees protected by Federal
and State laws. This topic may not come up often, but it
is a more common problem than you might think. Firing an
employee poses a certain number of obstacles. You can overcome
all of these by following specific termination procedures.
Employers who must fire a worker who falls under protective
laws may feel like they are in a tough spot. However you
can fire the employee for reasons outside their protective
status. But you must provide the proper proof.
In total, there are roughly two dozen laws that protect
workers from being fired. These range from Disability Acts
to Veterans Acts to Pregnant Workers Acts. Some laws cover
unionized employees, as well as specific treatment of military
reserve employees and even immigrants. Knowing these laws
is essential if you have an employee that you must terminate
and who falls under these provisions. Each act has specific
guidelines that state why an employer can and cannot fire
an employee.
Keep in mind that just because you have an employee who
falls under one of these groups, this does not mean you
cannot fire this worker. Unfortunately, too many human
resources managers or small business owners suffer with
an employee who is lacking because they fear legal action.
Because the employee may try to come back with legalities
or claims of unfair termination, you must collect enough
evidence on your termination case. This evidence should
be as extensive and valid as possible. It may be a videotape
of an employee stealing, repeated warnings of tardiness
or failure to show up. You and the employee should sign
all written documents to show the employee knew of the
possible termination. If the employee refuses to sign,
have a neutral third-party, preferably an HR representative,
sign to this effect.
How to Fire Employees Under Contract
or a Union Agreement
Unfortunately, you will find written contracts and union
agreements are relatively binding. This is true even when
the employer does not like the type of work that an employee
does. The way to fire an employee under contract or union
agreement is if the worker has broken the terms of the
agreement. Some of these terms should include the use of
drugs or alcohol on-the-job, insubordination of a supervisor
or company owner, failure show up to work or physical,
verbal or mental abuse of another employee.
Despite the termination reasons, you must record all disciplinary
action and evidence for a problem employee under contract.
You may need to present this evidence and proof of signed
disciplinary warnings in a post-termination hearing or
in court proceedings if the employee takes further action.
If such legal proceedings do occur, you will know you have
protected yourself and your business.
How
to fire employees when you given many "second
chances" |
