HR Made Simple » firing http://blog.hrsentry.com All things Human Resource Wed, 01 Feb 2012 18:17:03 +0000 en hourly 1 http://wordpress.org/?v=3.1.2 TERMINATION CHECKLIST Part 1 – Evaluating the Risk http://blog.hrsentry.com/2008/10/06/termination-checklist-part-1-%e2%80%93-evaluating-the-risk/ http://blog.hrsentry.com/2008/10/06/termination-checklist-part-1-%e2%80%93-evaluating-the-risk/#comments Mon, 06 Oct 2008 19:58:24 +0000 admin http://blog.hrsentry.com/?p=92 The following is part 1 of a checklist for employee termination.

___ 1. Is the reason for the termination clear?

___ 2. Are all those that participated in the decision in agreement with the grounds for termination?

___ 3. Is there credible documentation and testimonial evidence to support the decision?

___ 4. Is the termination consistent with the treatment of others in similar circumstances?

___ 5. Has the office’s termination policy been followed (see employee handbook)?

___ 6. Are there any office policies that may protect the employee against being terminated from being discharged for the reasons contemplated?

___ 7. Is there a progressive discipline policy, and, if so, has it been followed?

___ 8. If progressive discipline was not followed, is there a basis for immediate termination?

___ 9. Is there documentation to demonstrate compliance with progressive discipline?

___ 10. Does the termination violate any state or federal laws that may prohibit termination here?

To view a complete 21-step termination checklist visit HRSentry to learn more.

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]]> http://blog.hrsentry.com/2008/10/06/termination-checklist-part-1-%e2%80%93-evaluating-the-risk/feed/ 0 Burden of Proof Shifts to Employer for Age Discrimination http://blog.hrsentry.com/2008/08/12/burden-of-proof-shifts-to-employer-for-age-discrimination/ http://blog.hrsentry.com/2008/08/12/burden-of-proof-shifts-to-employer-for-age-discrimination/#comments Tue, 12 Aug 2008 15:28:22 +0000 admin http://blog.hrsentry.com/?p=55 In a recent case the Supreme Court put more pressure on employers in age discrimination lawsuits by placing the burden of proof on them. In the past employees have had to prove that age discrimination took place, which led to the dismissal of Meacham v. Knolls Atomic Power Laboratory. With this new ruling the courts have flipped the burden of proof onto employers, who now must prove that the age discrimination did not take place. What this essentially means is that managers must keep detailed documentation behind every firing to show the “disparate impact” was based on “reasonable factors other than age.” Previously, courts in similar cases ruled it was up to employees to prove there was bias.

With the workforce aging as baby-boomers near retirement, the issue of age discrimination is becoming increasingly prevalent. With this type of discrimination on the rise, employers need to address the situation before it becomes a problem. According to Aging Workforce News, “A Hewitt Associates survey of more than 140 mid-size and large employers has found that 55% have already evaluated the impact that potential retirements could have on their organization and 61% have developed or will develop special programs to retain targeted, near-retirement employees. Even though only 21% believe that phased retirement is critical to their company’s human resources strategy today, 61% believe so when looking ahead 5 years.”

To learn more about age discrimination, the impact on businesses, and what you can do about it visit the Department of Labor, AARP, or one of many events such as the Aging Workforce Summit.

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