Human Resources -- Employee Separation Policies and Procedures
Employee separation is an inevitable aspect of the business world. Careful consideration of the company's core values, stakeholders, legal requirements and financial well-being are all taken into account when preparing a Separation Policy. By establishing and implementing procedures, some of which are followed even before an employee is hired, the company can accomplish employee separation with a minimum of financial, legal and morale risk.
Separation Policy With Specific Procedures
A Separation Policy must be well-planned and effectively communicated to avoid some common pitfalls of employee separation. Most employees, absent a collective bargaining agreement, are "at will" employees (Zachary, 2008). However, employees still sue under several theories. To avoid successful suits by former employees, the company must take care to treat different categories of employees the same to avoid successful discrimination suits; terminate the employee only for lawful reasons to avoid successful wrongful termination suits and take care about communication of the facts to third parties to avoid a successful defamation suit (Zachary, 2008). Furthermore, supervisors and managers must be well-informed regarding different theories under which the company may be sued by a former employee and continually reevaluate and refine the procedures to safeguard the company against successful suits (Zachary, 2008).
Specifics of a separation policy have been developed by innumerable companies over many decades. These measures actually commence before the employee is even hired, to ensure that every phase of his/her employment coincides with the company's core values and legal requirements. Those specifics include:
a. A 3-month training phase in which the employee is sufficiently prepared to perform the job, is observed for performance, has skills improved where lacking and is evaluated as to whether he/she is a good fit for the company (Anonymous, Employee terminations, 2006);
b. Human Resources, supervisor and manager education to avoid successful wrongful termination suits, which education would involve a working understand of:
1) the At-Will Employment Doctrine, its modifications and exceptions, including constructive discharge, implied contract, statutory restrictions, covenant of good faith and fair dealing, public policy, employment contracts, collective bargaining agreements, special provisions for disabled employees, special public policy protections for whistle-blowers, and the employment torts of discrimination, wrongful termination and defamation (Van Bogaert & Gross-Schaefer, 2005);
2) Statutes protecting...
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