Orange County
Teachers Federal Credit Union (OCTFCU) is a
not-for-profit organization rooted in the credit
union philosophy of “People Helping People,” and
built on traditional values of commitment to
service, respect for the individual, and fiscal
responsibility.
The Santa Ana, CA-based
credit union ranked third on the list of 25
medium-sized companies in America
honored by the Society for Human
Resource Management (SHRM) as using smart
people management strategies to develop a strong
trust between employees and management.
OCTFCU was among other organizations, ranging in
size from 50 to 999 employees, who were selected
and ranked by the Great Place to Work Institute®
based on the results of a randomly distributed
employee opinion survey.
As a financial
cooperative, OCTFCU members share ownership of
their credit union, and have democratic control
(one Member, one vote), electing from their
midst a volunteer Board of Directors. All excess
earnings are passed along to the Members through
competitive rates, expanded products and
services, and lower fees.
OCTFCU came to Astron Solutions with the
financial welfare of their employees in mind.
Astron Solutions provided an in-depth
Compensation Audit, ensuring an up-to-the-minute
pay strategy for their employees.
It’s More than Saying “You’re
Fired!” – Effective and Professional Ways to
Terminate Employees
Donald Trump makes it look
so easy. If only terminating an employee could
be handled in a five-minute boardroom
meeting!
HR professionals know that
the reality of terminating employees can be a
long, painful, and costly process. It’s a
treacherous road that must be navigated with
extreme caution since the aftermath could result
in lawsuits, low employee morale, and other
negative consequences.
Many companies subscribe to
an “employment-at-will” policy. However, they
should not assume that this policy means safety
from legal liability. “The fact is, employers
who have terminated employees without the proper
procedural safeguards have opened themselves to
significant legal liability and incurred
substantial damages, even in instances where the
terminated employee was a poor performer or had
engaged in conduct clearly unacceptable in the
workplace,” explains Shawn Smith in the HR.com
article “Safely
Terminating the Problem Employee.”
Nancy Lasater, an attorney
who represents employers in employment matters,
is quoted in the Business Finance
magazine’s article “A
Kinder, Gentler (Legal) Way of Firing.” She
estimates that “a wrongful discharge case can
last two years and involve upwards of $100,000 –
just in legal fees.”
There are certain steps
that employers can take to ensure the
termination process goes smoothly:
1.
Prepare all
documentation. As stated in the HR.com
article “The
Art of Firing – Part
III” by M. Lee Smith Publishers, “Review the
employee handbook or policy manual to make sure
there has been compliance with all procedures.
There is no point in having such a handbook if
it isn’t going to be followed in this type of
situation.” It is also imperative that all
written warnings, performance evaluations, and
other materials be gathered prior to the
meeting.
2. Review
the reasons for the firing. It is wise to
review not only the reasons behind the
termination but also any potential facts about
the individual that could result in a possible
discrimination suit. In “The
Art of Firing – Part II”, the author
suggests a checklist that includes questions
such as “How old is the employee? Is the
employee pregnant? Does the employee have a
disability? Is the employee a minority? Has
the employee recently filed a worker’s
compensation claim?” If any of these questions
are answered with a “yes,” employers must
proceed with caution.
3. Plan the meeting.
Termination is an unpleasant
experience for both the one receiving the
message and the one delivering it. The best bet
is to keep it short. According to the HR.com
article, “Successful Termination – Is there such
a concept?,” the best way to prepare is to write
a script to be used during the meeting and also
to convey the news to the remaining employees.
The article suggests managers “list two or three
factual reasons for the termination. Keep
everything short and to the point.” If you
anticipate an angry or possibly violent
reaction, plan to have another staff member in
the room with you during the meeting.
4.
Be discreet. Take the
necessary precautions to not humiliate or
embarrass the terminated employee. This
includes “being sensitive to timing, i.e.,
avoiding terminations before vacations, during
company Christmas parties, or in the presence of
other colleagues,” as noted in the HR.com
article “Why
Jurors Fire Back During Wrongful Termination
Lawsuits,” by Joni Johnston.
“A ‘bad’ firing can be used as
evidence of the employer’s animosity toward the
employee in a subsequent discrimination,
retaliatory, or wrongful-discharge lawsuit.
Spitefulness in a termination can be very
harmful to an employer’s defense,” says Alan L.
Rupe in his Workforce Management article, “Horrors
From the Bad-Firing Files.”
In the article, Rupe tells the
story of the computer systems engineer who took
his eight-year-old daughter to the office with
him on “Take Your Daughter to Work Day.” He was
callously fired that day with his daughter
sitting next to him in the human resource
manager’s office. They were then escorted from
the building.
Terminating
an employee is not an easy managerial task. It
can be done effectively with the right
combination of preparation and professionalism.
HR professionals should think of termination as
not just an end of a relationship, but
hopefully, a new beginning of a successful and
productive future for your company.