“Documentation and Employee Terminations”
From the case study “Relax, It’s Only a Little Paperwork”, propose an HR strategy that would help ensure managers know what type of information they should document and what information they should avoid putting in an employee file. Justify your recommendations.
From the case study “Relax, It’s Only a Little Paperwork”, proposing a documentation training for managers would help ensure managers are knowledgeable of what variation of information should be documented. The HR strategy proposed is documentation training, and this training should be for all levels of management. This kind of training should always be conducted when new management is hired. However, there should be some kind of HR Services learning portal for the entire organization. But, within that learning portal, there is series of mandatory documentation training for upper management. The mandatory training series must be done quarterly throughout the year, but completed 3 months before they conduct employee performance appraisals and/or any other documentation needed for an employee’s personnel file. The recommendation is purposeful because managers should have proper training on documentation of employee misconduct and performance problems. Documentation is important for employers to be able to make good business decisions and can be persuasive evidence if an employee sues the company. No matter if the organization is small or large.
Management should avoid:
Medical, and payroll, info
Documents with social security number and employee protected classification
Supervisory documentation, and investigation correspondence
I-9 forms, Background checks, EEO Records
Not that is info should not be documented and saved but it does not belong in an employee’s personnel file. The personnel file should only contain unbiased, and factual documentation of the employees work history.
From this week’s assigned reading, choose one (1) type of employee termination and discuss the legal ramifications that may occur if termination procedures (voluntary or involuntary) are not followed properly.
Reduction in the work force is one type of employee termination. I’ve seen this type of termination happen twice since my previous employer was acquired by a large Blue plan. It was heart wrenching, and very discouraging. The new Blue plan terminated over 125 employees company wide, but offered them a severance package and other things. This type of termination can result in a discrimination legal ramification. The Reduction in Force can’t be based on any protected characteristic under Federal, and state laws. The types of discrimination claims that can come from a Reduction in Force are: disparate treatment (direct evidence), disparate treatment (indirect evidence), disparate impact, and pattern or practice.
Heathfield, S.M. (March 8, 2017). What Employers Should Not Keep in Personnel Records? Referenced From: www.thebalance.com/what-employers-should-not-keep-in-personnel-records-1918640
Reference
Fallon Jr., L. F., & McConnell, C. R. (2014). Human resource management in health care: Principles and practice, 2nd edition. Burlington, MA: Jones and Bartlett.
Angel,
Your response to this week’s discussion about one type of employee termination and referencing at will termination was great. I live in Delaware and we have that where you can be terminated at will, unless you belong to a union of some sort. Your example given was a great way to explain at will termination. It’s very important that employees and employers understand the importance of following policies and procedures. Had your company not documented they would have had a case on their hands, and would have to pay the terminated employee those unemployment benefits. I wonder was FMLA offered to pregnant employee, or if the terminated employee had any doctor’s documentation, which may have caused her to be absent and/or late. Documentation on every level must be clear and concise, especially when it comes to your employment. Great read! Bregetta
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