Reasonable and Objective Investigation To Determine Whether The Employee Is Actually In Violation
Follow Policies And Procedures In Handbook
Collect Sufficient Evidence
Compare (Contrast) Prior Disciplinary Actions With The Current Questionable Conduct/Performance
Termination Consistent With Past Employees With Similar Circumstances
There Are Always Two Sides To Every Story
Get All The Facts
Employee’s Work/Discipline History With Current Employer
Was The Accused Given An Opportunity To Correct?
Other Disciplinary Options?
Confidentiality: Dispense/Share Information On A Need To Know Basis
Will All Participants/Witnesses Be Informed?
Consider All Options
Be Consistent With Similar Past Situations
Follow Polices & Procedures In Handbook
Conduct A Legal Risk Assessment
The Final Decision
Do The Facts Support Your Decision?
Proximity of Termination To Salary Increases, Promotions, Etc.
Past/Recent Neutral/Positive Opinion Reviews
Precedence: Do You Want To Do This Again?
Legal Risk Assessment
The Big Event: Don’t Back Down! And Stick To It!
Know Your Plan Of Attack
Stage and Prepare For The Meeting
Location, Location, Location: Neutral
Assure There Will Not Be Any Interruption
Who Is Present? Who Delivers The Message? Who Runs The Meeting?
If Necessary, Alert Security Ahead Of Time
Encourage Employee to Seek Counsel
Educating as to Possible Claims
Older Workers Benefit Protection Act (OWBPA)
All Waivers Under ADEA (40 Y.O./20+ Employees)
Written, Specifically Address ADEA Rights and Claims
Only Apply To Claims/Rights Through Date Waiver Signed
Valuable Consideration In Exchange For Waiver
21 Days To Consider (45 If RIF)
Revocable w/in 7/15 Days Of Signing (MN Rule)
WARN ACT: Written Notice To RIF Members Of Group Eligibility And Titles/Ages Of Eligible Employees
The Final Decision
HR Representative Attends
Demonstrates Decision Is That Of The Company, Not Solely The Supervisor’s
Listen To Employee’s Response, Yet Stick To The Objective
Allow For An Opportunity For Questions
Do You Have To Tell Employee Why He Or She Was Fired?
Exit Plan Communicated And Followed
Escort; Immediate Versus End Of Day; Gathering Of Personal Belongings
The Day Of Reckoning
Benefits Explained To Termed Employee
Reasons For Termination: Employer Must Provide A Terminated Employee With Reasons For The Termination If The Employee:
Provides Written Request Within 15 Working Days Following Termination
Employer Must Provide Written Truthful Response Within 10 Days Of Receiving Written Request
Defamation Action Prohibited
Minn. Stat. §181.933
Personnel Records: Employer Must Provide A Copy Upon Employee’s Written Request