During Hunter Lott’s speech, for his annual “Please Sue Me” session at the Society for Human Resource Management Conference and Exposition, he discussed avoiding termination-based lawsuits.
Termination is not only hard on the fired employees, but also the managers. Lott recommended a list of questions to keep everything in check and to avoid a hasty termination.
- Was a specific policy violated and does the violation warrant termination?
- Show me the policy!
- Have other employees been held accountable to the same policy?
- Can you prove the employee knew the policy?
- Do you have confirmation that the employee did indeed violate the policy?
- How did the employee react when confronted with the violation?
- Has the employee complained of harassment or unfair treatment?
- Has the employee recently filed a workers’ compensation claim?
- Is the employee about to vest in certain benefits or involved in union activities?
- Has the employee returned from, or applied for, military/medical leave?
- Has the employee recently complained of company wrongdoing or a safety issue?
- Are there any current grievances or complaints pending?
- Were any promises made verbally, or in writing, to this employee by senior management?
- Were any requested accommodations denied to this employee?
- Is there evidence of discrimination based on age, sex, race, religion, national origin, disability or any other legally protected characteristic?
You should delay termination if ANY of these questions suggest a problem.
To evaluate your termination procedures, pull the last three terminations and check documentation.
Recurring challenges… new COBRA rules? FMLA intermittent leave? Overtime? ADA accommodation? Sexual Harassment? Ect.? HR.BLR.com is “everything in one website.” This is a go-to reference for all your questions; the program is free of any costs or commitments!
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