A supervisor asks: "the employee and the job".
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Disciplining employees in a proper manner takes great skill and respect for others' feelings; dismissals must be effected for just cause and with objectivity. Conveying good news about promotions or raises is certainly more pleasant, and this must also be handled graciously.
An employer faced with a work stoppage that violates a contractual no-strike provision has several alternatives: the employer can seek an injunction against the strike, discipline employees involved in the strike, or attempt to recover damages for violations of the collective bargaining agreement. Each of these remedies, however, presents practical problems in terms of employer-employee relations as well as legal questions regarding the extent of relief available. In the following article, the author examines the remedies available to an employer when employees engage in activity that violates a no-strike provision. He also examines the impact of recent cases on an employer's ability to enforce a no-strike pledge.
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Under most state laws, employee handbooks carry the status of employment contracts, or such contracts are implied through various employment conversations. Unlike in the past, when a management decision to discharge an employee could be challenged only for statutory or public policy reasons, today's employer may have to prove that he or she did not violate an employee's contractual right to employment. Employers can reduce the risk of employment liability through practical steps such as careful monitoring and documenting of the hiring, performance appraisal, and disciplinary processes, and a credible grievance procedure. Many employers have found, however, that taking these steps does not always prevent litigation. Certain legal precautions, such as written disclaimers and other handbook revisions, can result in the dismissal of such actions before trial and will deter many plaintiffs' attorneys from taking the case. The strongest legal protection in termination situations is a release of all claims executed by the employee and supported by severance pay or other valuable consideration to which the employee would not be otherwise entitled.
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Involuntary termination of employment is the final step in the human resource management life cycle. It often is viewed negatively because it may connote failure on the part of the employee. In some circumstances, however, it may indicate management's failure to turn a situation around. Although you may never expect an involuntary termination to be a pleasant experience, management can find some consolation in assuring that the decision is well founded and based on legitimate, nondiscriminatory reasons.
Sometimes it's okay to fire an employee after she files a complaint. Learn how to recognize unacceptable measures to avoid or defend lawsuits.
Managers should not second-guess themselves when contemplating termination of marginal employees, i.e., those with sustained poor attitudes or performances. Poor performers should not be allowed to disadvantage an otherwise successful team; management ought not to retain someone it cannot fully support; and termination may be interpersonally excruciating but is organizationally very invigorating. This article identifies ten reasons why marginal employees prevail and are not dealt with in organizations. Acknowledging these barriers is a valuable first step in moving from analysis to synthesis as concerns removing them in the future.
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