BUS FPX 4044 Assessment 4 Termination Considerations

Student Name

Capella University

BUS-FPX4044 Legal Issues in Human Resource Management

Prof. Name

Date

Introduction

Alex, an employee of the company, has been elected for termination of employment. According to manager input, this employee has a history of being tardy, his work is subpar, he verbally fights with employees, and now he has destroyed corporate property by tossing his computer on the ground. Although firing a worker is never ideal, it is vital to make sure corporate regulations and rules are followed and all employees feel protected. Therefore, this paper will discuss all angles of employee termination today.

Constructive Discharge

Constructive discharge, resigning with cause, or constructive dismissal are other terms for when an employee decides to leave their position as a result of a negative work experience. The employee feels compelled to quit because they can no longer work in what they perceive as an unpleasant work environment, regardless of whether there has been a single negative occurrence or a pattern of unfavorable behaviors and/or acts (Indeed Editorial Team, 2023). Legally speaking, a constructive discharge is distinct from other forms of employee separation, such as a standard resignation, firing, or layoff.

Although it is still seen as a forced or involuntary resignation, constructive discharge only applies in the event of a hostile or uncomfortable workplace, making resignation unavoidable or as an “action of last resort.” Normal voluntary separations or resignations do not qualify the employee for unemployment compensation. Contrarily, wrongful termination, which is a type of involuntary termination and qualifies for these benefits, results from constructive dismissal if it is demonstrated (Indeed Editorial Team, 2023).

Policy and Procedure

As the HR Director, it is my responsibility to protect the company against any lawsuits relating to termination and to make sure that employees are handled equally and objectively. Because of this, management must adhere to the following approach when evaluating whether to consider terminating an employee:

The employee’s supervisor must provide HR with any written warnings, witness statements, action plans, or any other corrective action documentation or information that pertains to the certain employee.
The HR Director will review all documentation related to the employee in question and target which workplace policies have been violated.
The HR Director will make sure the employee’s supervisor followed all steps of the company’s progressive discipline policy which follows (there may be circumstances when one or more steps are bypassed): 1) Written warning (a maximum of 3) 2) Suspension without pay 3) Termination of employment

Due Process

Giving an employee due process entails acknowledging his or her right to be informed of subpar performance and to be given the option to respond and improve before a negative employment action (such as discharge) is taken (Falcone, 2021). The employee must first be aware of your expectations as well as the repercussions of not performing up to par. A write-up will lack the “teeth” required to adhere to due process rules if it only lists a performance issue without mentioning the repercussions of failing to improve (Falcone, 2021). Second, while using your own rules, you must be consistent. When a regulation is broken, employees have a right to consistent and predictable employer responses. To put it another way, the employer cannot just fix issues as they arise without coming seen as capricious, unfair, or even discriminatory.

Practice takes precedence over policy. In other words, your past actions will be examined for consistency, regardless of what your handbook or policy and procedure manual states. Additionally, failing to enforce threatened sanctions undermines the legitimacy of your disciplinary process and creates an unintended precedent (you can not punish Sam if “Jane Doe” did the same thing without repercussion previously) (Falcone, 2021). Thirdly, the punishment must be suitable for the offense.

BUS FPX 4044 Assessment 4 Termination Considerations

Even though occasional subpar performance or a tiny offense (sometimes referred to as a de minimis infraction) is actionable, it is most likely not grounds for dismissal. The performance history and prior disciplinary history of an employee must unquestionably be considered (Falcone, 2021). Fourth, the worker must be given the chance to comment.

Applying discipline without allowing staff members to explain their version of events is asking for trouble. Unfortunately, this self-defense principle is the one that is most frequently ignored among the due process components that should be included in any written plan (Falcone, 2021). Fifth, you must provide the employee a sufficient amount of time to enhance her performance. Otherwise, your disciplinary measures will seem like a false justification for removing the employee from the company (Falcone, 2021). When deciding how to respond to any employee transgression, the last event is extremely important: If your company is later challenged, a clear-cut and compelling final incident that violates prior documented warnings makes for a safer termination. Consider the character of the final incident in particular while deciding whether to terminate (Falcone, 2021).

“At Will” Employment

With an at-will contract, an employer is free to terminate an employee at any moment for any reason—aside from those that are illegal—or for no reason at all. Similarly, there are no negative legal repercussions if an employee quits their employment at any moment for any reason or for no reason at all (At-Will Employment – Overview, 2023). At-will employment also indicates that an employer may modify the conditions of the employment relationship at any time with no warning and no repercussions.

An employer might change pay, stop providing benefits, or cut paid time off, for instance. In its purest form, the U.S. at-will law exposes workers to arbitrary and unexpected termination, a constrained or on-call work schedule depending on the demands of the employer, and sudden reductions in salary and benefits. In order to lessen the often-severe effects of the at-will presumption, courts have carved out exceptions over time.

BUS FPX 4044 Assessment 4 Termination Considerations

The public policy, implicit policy, and implied covenant of good faith are the three main common law exclusions (At-Will Employment – Overview, 2023). Employees are protected from unfavorable employment decisions that go against the public interest under the most well-known common law exception to the at-will presumption, which is the public policy.

There are 4 categories of the policy: refusing to perform an act that state law prohibits, reporting a law violation, engaging in acts that are public interest, and exercising a statutory right (At-Will Employment – Overview, 2023). There are various ways to establish an implied contract. This includes verbal guarantees from a manager or employer representative (At-Will Employment – Overview, 2023). Only a small number of jurisdictions acknowledge the implied covenant of good faith and fair dealing in business transactions. The covenant has been interpreted by courts in a variety of ways, ranging from needing just cause for termination to outlawing actions taken with malice or in bad faith (At-Will Employment – Overview, 2023).

Employee’s Rights

It is our responsibility as HR to thoroughly comprehend all State and Federal Laws in order to ensure that our employees’ rights are not violated. In addition to analyzing actual HR cases involving employee termination on a quarterly basis, each member of HR and senior leadership/leadership is needed to take all necessary learning courses once a year to examine these regulations. Any person in a leadership position must be able to clarify all employee rights and/or point to supporting documentation if an employee has a specific question about their rights. Finally, if any of our employees believe that their rights are being violated or have a complaint, we encourage them to contact the Director of Human Resources. If a person doesn’t

feel comfortable contacting the HR

Director, they can also get in touch with our third-party provider, the Compliance Hotline to report and incidents anonymously. The Compliance Hotline can be reached by phone at 888-888-8888 or online at comliancehotline.com. We want every employee to know that we respect their rights and are willing to look into any complaint as soon as possible.

Steps for Termination

One of the hardest things for leaders to do is fire people. Being compassionate and humane when firing an employee is important. Here are five steps to take (How to Terminate an Employee: 5 Steps | SPARK Blog | ADP, 2023):

Identify the issues and policies violated and have documentation ready to present to the employee
Take the employee to a private place that other employees won’t be able to hear
Inform the employee of the issue; be direct and to the point while remaining empathetic and confident
Discuss the termination of employee benefits and time-frame thereof
Conduct an exit interview with the employee and collect all company-owned property

References

At-Will Employment – Overview. (2023, June 4). https://www.ncsl.org/labor-and-employment/atwill-employment-overview

Falcone, P. (2021, July 6). The Elements of Due Process. SHRM. https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/theelements-of-due-process.aspx

How to Terminate an Employee: 5 Steps | SPARK Blog | ADP. (2023, March 22). SPARK. https://www.adp.com/spark/articles/2018/08/how-to-terminate-an-employee-5-steps.aspx

Indeed Editorial Team. (2023). What Is Constructive Discharge? (Definition, Rights and FAQs). Indeed.com. https://www.indeed.com/career-advice/career-development/constructivedischarge

BUS FPX 4044 Assessment 4 Termination Considerations