2. Topics
Employment at-will
What is discrimination
Recruiting Do’s and Don’ts
Performance Management
Ending Employment
3. Employment At-Will
Employment with Home City Ice is on an at-will basis. Employment at-will means
that either the employee or the Company may end the employment relationship at
any time, with or without cause, and with or without advance notice, for any reason
not prohibited by law.
This holds employers accountable to provide a great work environment (safe,
competitive pay, strong culture) because employees are not obligated to stay.
This also holds employees accountable to be productive workers because the company is
under no obligations to keep them employed.
4. What would “Prohibit” you from
terminating employment?
A few reasons that would prohibit you from separating an employee are:
Discrimination – you can not make decisions based on an employees race, gender,
national origin, disability, military status, religion, genetic information, or age.
Retaliation - It is illegal for employers to fire employees for asserting their rights under
the state and federal antidiscrimination laws
This includes someone reporting OSHA violations, NLRB claims, EEO claims, ADA claims
If you have questions about if someone would have any protections prior to
terminating employment you should reach out to the HR Manager.
5. Equal Employment Opportunity
It is unlawful to discriminate against any individual based on race, color, religion,
sex, national origin, age (40 and older), disability or genetic information in regards
to all terms, conditions, or privileges of employment.
This includes the areas of:
Recruiting, hiring, advancement
Segregation and classification of employees
Harassment/hostile work environment
Compensation
6. Recognizing Discrimination
Disparate Treatment: discrimination occurs when an applicant or employee is
treated differently because of his or her membership in a protected class.
Ex: A manager who automatically rejects Mexican-American applicants on the grounds
that they may be an illegal alien or only considering those applicants for certain jobs.
7. Recognizing Discrimination
Disparate Impact: results when a neutral policy has a discriminatory effect.
Typically is not intentionally discriminatory.
Ex: An organization requires a high school degree for a janitorial position.
Unnecessary education requirements may impact certain minority groups looking for work.
8. Recruiting
The wording of the job posting, be it in a newspaper or a job portal, needs to be
carefully framed.
Minimum qualifications should truly be minimum qualifications
Interview questions should be carefully crafted and consistent.
We should not inquire about children, age, or anything that could be interpreted as
being discriminatory.
We should document our interviews and hold on to them for a minimum of 1 year.
A scripted interview guide should be considered; at a minimum, use consistent questions
and document.
9. Criminal History
Title VII prohibits employers from treating people with similar criminal records
differently because of their race, national origin, or another Title VII-protected
characteristic (which includes color, sex, and religion).
Title VII prohibits employers from using policies or practices that screen individuals
based on criminal history information if:
They significantly disadvantage Title VII-protected individuals such as African Americans
and Hispanics; AND
They do not help the employer accurately decide if the person is likely to be a
responsible, reliable, or safe employee.
10. In Regards to Social Media
Reviewing an applicants social media is not illegal, however, it is assumed you are
now aware of that persons protected characteristics.
If you use social media, make sure you review their page after meeting them face
to face, check every applicant and not just some, and check them at the same point
in the process. Consistency is the key.
11. Remember…
The best way to avoid employees feeling discriminated against or unfairly treated is
to have clear and consistent standards that are applied to ALL employees
12. If there is a employee complaint
Any employee who believes that he or she has been subjected to sexual or any
other harassment should report the matter immediately to any one of the
following:
Direct Supervisor
Zone Manager
Regional Manager
HR Manager
Chief Financial Officer (CFO)
A referral can be made by dialing 1-800-759-4411
A neutral party should investigate the employees complaint/concern
Human Resources should be notified
13. So… what can we do?
Ask questions that relate to the job
Have job requirements that are relevant in the position
We can ask if an applicant can preform the essential duties of the job.
This includes the explaining the physical requirements and ensuring candidates can meet
those expectations
Inform the candidate of the scheduling requirement and ensure they can indeed
meet those requirements.
14. Performance Management
If an employee begins having issues with performance, attendance, following policies it is the manager
responsibility to address these concerns.
The first responsibility of the manager is to inform the employee of the issue
This would be an appropriate time to also give them any coaching on how to improve, what your expectations are and
how/when you will measure if the issue has been corrected.
Have clear performance standards & consequences that are consistent and communicated to everyone.
If HCI standards are not being met we should document and attempt to coach the employees to improve
performance.
Document can be writing yourself an e-mail indicating the performance conversation happen
An example: On 8/1/2017 I had a conversation with John Smith about his poor performance and attendance issues. I
offered suggestions on ways to improve and we will re-evaluate how things are going in 30 days if not sooner.
Another example: On 8/1/2017 I informed Jane Smith that I am ending her employment effective immediately due to
performance issues that she was unable to correct.
There may be times when performance management is not the best course of action and separating the
employee is.
15. Terminating Employment
If an employee is not living up to the HCI standard after being given clear expectations
and an opportunity to succeed, it may be time to terminate their employment.
If an employee is new and immediately struggles with attendance, performance or attitude you
may want to go straight to termination of employment. This is a judgement call for the manager.
More tenured employees who have demonstrated that they can be successful may require a
longer performance management process.
Correcting poor performers is imperative. Allowing someone to be below standards
negatively effects productive team members and is a negative reflection of the manager.
If an employee is unwilling or unable to correct poor performance than separating them is in the
everyone's best interest.