Employee Discipline and Termination: Avoiding Problems with Effecti...

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parsonsbehle.com
October 5, 2022 | Boise Centre East
Employee Discipline and Termination:
Avoiding Problems with Effective...

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This presentation is based on available information as of Oct. 5, 2022,
but everyone must understand that the informatio...

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At Will Employment Doctrine
 In Idaho, the default for all employees is that they are employed “at-
will.” This means t...

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Exceptions to At-Will Employment
 State and federal laws prohibit employment discrimination on the
basis of certain pro...

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Exceptions to At-Will Employment
 Be mindful of timing issues to avoid a retaliation claim.
 Courts will infer a retal...

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Exceptions to At-Will Employment
Other federal laws limit employer rights
to terminate employees too, including:
 Secti...

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Exceptions to At-Will Employment
 Idaho has an exception to the at-will employment doctrine:
“termination in violation ...

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Communication and Documentation
 Two pillars of good employee performance management and risk
management
 Communicatio...

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How will documentation help limit risk?
 In a case that goes to a jury trial, we never want to rely on
testimony alone ...

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Who Else Cares About Documentation?
 Documentation also really matters to the agencies that enforce anti-
discriminati...

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Excerpt from UALD Request for Information

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Documents Requested in Every UALD Charge
 All documents relating to any disciplinary actions taken by
Respondent again...

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Good Documentation Is Critical at 3 points:
Performance Evaluations and Appraisals
Discipline
Termination

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“Golden Rule” of Documentation
IF IT IS NOT IN WRITING,
IT DIDN’T HAPPEN!

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“Golden Rule” of Documentation
What happens when you
have not documented?

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AVOIDING LEGAL TROUBLE
Performance Evaluations, Reviews, and Appraisals
o Should address: C.A.P.
o CONDUCT
o ATTENDANC...

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Excerpts from Federal Employee Evaluations
 “Since my last report, this employee has reached rock-bottom and has start...

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Be Smart About Documentation
Terms used in a female employee’s evaluation:
o “macho”
o “overcompensated for being a wom...

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Characteristics of Bad Evaluation Ratings
Central Tendency – supervisor avoids rating employees either
very high or ver...

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Characteristics of Good Evaluation Ratings
 Addresses C.A.P. (Conduct, Attendance, Performance)
 Provides same or sim...

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AVOIDING LEGAL TROUBLE
Discipline and Termination: How Good
Communication and Documentation with All
Employees Can Help...

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How Terminations Often Go

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Best Practices
 Outline the lifecycle of an employee and identify all communication
possibilities:
o Hiring
o Training...

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HIRE / EVENT
WHAT A SUPERVISOR
SHOULD BE DOING
HIRE DATE
Employee gets a written job
description giving fair notice
of ...

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HIRE / EVENT
DOCUMENTATION/
COMMUNICATION
90 Days Later
Supervisor checks in with
employee after “orientation”
period t...

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HIRE / EVENT
DOCUMENTATION/
COMMUNICATION
First Sign of Serious
Problem
Apart from regular coaching, at this
point ther...

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HIRE / EVENT
DOCUMENTATION/
COMMUNICATION
Additional Problems
Further discussions and
coaching, HR involvement and
perh...

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HIRE / EVENT
DOCUMENTATION/
COMMUNICATION
Performance
Reviews
Conduct a truthful and accurate
review of employee’s
perf...

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HIRE / EVENT
DOCUMENTATION/
COMMUNICATION
Ongoing Discipline
Escalate discipline (last chance
notice). Document these F...

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HIRE / EVENT
DOCUMENTATION/
COMMUNICATION
Trigger for Discharge
There should be some event that
moves the situation tow...

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HIRE / EVENT DOCUMENTATION/ COMMUNICATION
Discharge
Here is the main goal of the whole process:
anyone who might try to...

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HIRE / EVENT
DOCUMENTATION/
COMMUNICATION
Discharge Letter or
Memo to File
Document what happened and
why, in clear ter...

Thank You
To download a PDF handbook of today’s seminar,
including presentations and materials, please visit
parsonsbehle....

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For more information, contact:
Liz M. Mellem
406.317.7240
amellem@parsonsbehle.com

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