When It's Time To Show The Door And Kick To The Curb

Posted on November 7, 2014 by - Also by this author

A few weeks ago I wrote about an employee that stole fuel from the company. Many of you have asked me if I fired the employee. I'll hide behind the blanket statement so many companies and government agencies use: “It's a personnel matter so I can't comment on it.”

That's actually a good policy to follow when speaking about a particular individual who you had to release from employment. Anything you say can and will be used against you in a court of law. Sound familiar? As with any situation that has potential for litigation, the less you say publicly, the better.

There should be no rampant rumors circulating in the company that might defame one’s character. There should not be any discussion of “wrongful termination.” Everything leading up to the termination as well as the act itself should be well-documented and clearly illustrate why termination was the final recourse.

You might think that you can hide behind that “at-will employment” status. However, there are laws that can circumvent that situation and be used to the employee's advantage, specially, with rights afforded under the OSHA Act administered by OSHA. Under the act, employees are protected by more than 20 different statutes when reporting violations of various workplace safety issues involving commercial motor carriers, motor vehicle safety issues and public transportation. Rights afforded by these whistleblower acts include, but are not limited to, worker participation in safety and health activities, reporting a work-related injury, illness or fatality, or reporting a violation of any of the statutes.
 
Here are my own recommendations when you must terminate:

  • Document performance deficiencies in writing in advance and give the employee a copy.
  • Ask the employee to sign an acknowledgement of receipt of each deficiency notice and date it.
  • If you must terminate, write a summary of what lead up to the termination including prior notices.
  • Have a witness present when you terminate.
  • Offer an opportunity to resign if appropriate.
  • Take as much time to terminate an employee as you did to hire the employee.
  • Advise the employee they are not eligible for rehire.
  • When prospective employers call for a reference, simply state that the employee is not eligible for rehire.

I have appealed every single unemployment insurance claim against us and in nearly 25 years with nine claims, not one former employee has won against us. I believe it is because I have always presented excellent documentation to the administrative law judges.

View comments or post a comment on this story. (0 Comments)

More LCT Blog Blog Posts

September 13, 2017

Create A Handbook Your Employees Will Actually Read

Black and white words on a page are boring and uninspiring; here are some things to consider when creating a how-to guide for your company.

August 29, 2017

Billy The Coach: How To Plan And Prepare For Success

The LCT Summit keynoter starts contributing this week to our blog by asking: What is it you want bad enough to work for?

August 16, 2017

Don’t Let Poor Grammar, Spelling, And Punctuation Ruin Your Image

You are what you write. Make sure you leave a good business impression, especially on social media.

August 8, 2017

Behind The Screens: Why Face Time Matters

Computers and smartphones have conditioned us to text and email our way through life. Here’s how Millennials and managers can work together to break the habit.

July 31, 2017

Let's Not Make AI The New Y2K Scare

Machines will not take away all of our jobs any more than the Y2K scare ushered in Armageddon.

See More

Facebook Comments ()

Comments (0)

Post a Comment

Submit

Blog

See More

LCT Store

LCT Magazine - September 2017 $12.95 MOTORCOACH / BUS ISSUE COVER STORY: * Irizar Racks Up A Good Rookie Year * *



Connect

Experience the three annual industry events for networking for business, showcasing vehicles and products, and getting the tools for success.

Read About Your Region

What’s Happening Near You?
Click on any state to see the latest industry news and events in that region.

More From The World's Largest Fleet Publisher

Automotive Fleet

The Car and truck fleet and leasing management magazine

Business Fleet

managing 10-50 company vehicles

Fleet Financials

Executive vehicle management

Government Fleet

managing public sector vehicles & equipment

TruckingInfo.com

THE COMMERCIAL TRUCK INDUSTRY’S MOST IN-DEPTH INFORMATION SOURCE

Work Truck Magazine

The number 1 resource for vocational truck fleets

Metro Magazine

Serving the bus and passenger rail industries for more than a century

Schoolbus Fleet

Serving school transportation professionals in the U.S. and Canada

Please sign in or register to .    Close