Why you MUST counsel and, possibly, terminate a problem
employee
As an employer, you must conduct employee investigations before
termination proceedings can begin. This is because failure do
employee investigations before termination proceedings can lead
to lengthy legal battles – and you might find yourself
on the losing end.
Why are employee investigations before termination so important?
Conducting extensive employee investigations before termination
is so important because a court can use all of your documentation,
or lack thereof, if your employee decides to file a wrongful
termination suit. If you do not have enough documentation or
properly recorded documentation, you can not build a strong case
to back up your termination decision. Remember, it is up to you
to prove your case. Without the evidence documentation provides,
you will have a difficult time doing this. As a result, you might
find yourself paying damage charges or stuck with an employee
that you don’t want to keep on board – or both.
How do I conduct employee investigations before termination?
Employee investigations before termination should be a team
effort among supervisors. If you are a small business owner,
you might be the only supervisor. If you are a Human Resources
Manager, on the other hand, this responsibility may rest on your
shoulders as well as on the shoulders of the other supervisors
in your company.
Regardless of whom is in charge of supervising the employee,
everyone responsible must be aware of proper documentation procedures.
These procedures include documenting any problems that may have
taken place with the employee. This should include a description
of the incident that took place, the date it occurred, and the
disciplinary action you or your supervisors took. As part of
this documentation, you should have the employee sign paperwork
showing that he or she read the report. If the employee refuses
to sign it, have another supervisor sign pointing out that he
or she witnessed your discussion with the employee.
What if I think there is a problem with an employee but can’t “catch
him” in the act?
You may believe an employee is doing something against the rules
or that puts him or other employees in danger, but have not been
able to witness the employee engaging in these actions. If this
is the case, you may need to hire an investigator. However sometimes
you can handle the situation yourself. For example you might
suspect the employee is taking drugs so you can have him or her
take a drug test. To prevent having discrimination charges brought
against you, however, you must give all of your employees a test.
If the problem is a workmen’s compensation issue or a safety
issue, you might have to hire someone to keep an eye on the employee
and record his or her unscrupulous actions. Regardless of the
problem, extensive employee investigations before termination
are necessary if you hope to keep yourself free from legal troubles.
What
to do after you've decided to terminate
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