The law states hundreds of workplace activities with regards to wages, overtime, resignations, workplace safety, dismissals, and much more. The purpose of exit policies is to ensure that whether an employee is resigning, retiring or has come to the end of a contract, the right procedures are followed.
Get your paperwork right
There are legal documents that set out the obligations of both employer and employee so as to minimize future disputes. The correct paperwork will be required.
HR needs the right approach and when it comes to documentation, Net Lawman provides all the right documents so that you can ensure all the correct policies and procedures are followed and that you conform to legal guidelines.
Browse their huge library, choose documents, print and sign them to make them legally binding. Following the proper termination procedures goes a long way in avoiding legal issues.
Follow proper procedures to avoid legal disputes
The HR department has to be sure to follow the proper termination procedures if the company wants to avoid legal issues.
Terminating a worker’s employment requires careful preparation as employees have protected rights to ensure they don’t suffer unfair employment. It is also important for a company to protect themselves by laying the groundwork before asking an employee to leave.
Letting an employee go isn’t easy, but that is precisely why there are important steps that the HR professional needs to follow when letting an employee or employees go. Certainly, a manager will need to arrange for a termination meeting where an explanation will be provided for the decision.
Employers keep employees informed of their status
HR needs to document the problem, sticking to the correct procedures and thoroughly investigating the reason for the dismissal.
The first step towards ensuring an effective employee termination is the documentation of employment policies and processes. Both employees and employers need clear outlines of what is expected of them and their supervisors.
During a volatile time of discussions, HR managers need to minimize conflict between employees and supervisors and keep it professional.
Using documented employment policies, supervisors and managers have to keep employees informed on their status and record and explain all the ‘incidents’ that have led to the termination. All instances of violation should be recorded.
First, try reconciliation
Employers need to first try and reconcile with the employee. They should be able to show that they took steps to encourage employee compliance through training etc. Before starting the process of firing an employee, HR representatives will need to consult local laws for any restrictions.
Most states operate as ‘at-will employment’ states and this means businesses can hire or terminate employees as the need arises.
When the criteria for a rightful termination of an employee has been met, the next step for HR representatives is to notify the employee. HR will no doubt have a certain protocol for removing an employee from the premises after termination as some employees can turn violent.
Wrapping up the finer details
During an exit interview, employees often want to know all about their final paychecks and severance packages, but the law doesn’t require that the terminated employee receive their paycheck with their termination.
Certainly, if the termination is linked to general layoffs and the employee has a good employment history, they may receive a severance package.
HR managers supervise the completion of all paperwork related to any benefits owing to the employee and employees may also be eligible for unemployment benefits if they lost employment through no fault of their own.