12 octobre 2022
Describe Legal and Ethical Factors That Should Be Considered When a Termination Decision Is Made
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« If you have given warnings or second chances to other employees in similar circumstances, now give warnings or second chances. This is especially important given research showing that people are more likely to be lenient with people who are like them or belong to majority groups, and that they don`t know they are more forgiving. « Bonus tip: A dismissal interview should not be the first time the employee has heard that there is a problem with their behavior. If there is a problem with their performance, they should have been notified and supported by their supervisor in the performance evaluations. If there has been an incident of misconduct, they should be aware of it and be interviewed for your investigation. Your HR team has procedures in place to ensure that employees are ethically laid off. But how do you actually measure that? Download this free cheat sheet to learn the steps that will help you determine how well you adhere to an ethical termination process. Now let`s review some ethical factors to consider when terminating a person`s employment relationship. It`s important to note that just because something is legal doesn`t mean it`s necessarily ethical. Here are some ways to ensure that employees are laid off ethically: If you have an employment contract with the employee, you must abide by the terms of this agreement. However, most employees are all-you-can-eat employees, and therefore the following steps and procedures are highly recommended for employers. If an employment contract does not specify a period for its duration, each party is generally free to terminate it « at will », i.e.
without having to give reasons for the decision. Regardless of the size of the business, terminating an employee`s employment relationship requires preparation and care. In the United States, workers have protected rights to prevent them from suffering from unfair employment. Most companies actively try not to hurt their employees, although in some cases dismissal is required. Tell the employee how and why you did what you did. This helps them understand exactly what is being studied for them and shows that you have taken the right steps to reach your conclusion. They may feel more understanding of your decision if they know you got there through a thorough, ethical and fair process. But how do you find the perfect balance between protecting your company and other employees and taking ethical action toward the laid-off employee? Be thorough, fair, consistent and discreet.
Solid documentation will help you defend your business when legal action is taken. Make sure you have written reports of the incidents that led to the employee`s dismissal, as well as the policy they violated and how. Include as much information as possible, including the date and time of the incident, the witness/victim`s testimony, and any physical or digital evidence you have collected. In some organizations where the human resources manager is not a member of the management team, there is a constant struggle. HR strategy doesn`t seem to be of paramount importance to some management teams who are much more concerned about profitability – they don`t understand how valuable human capital is to business revenue and success. When this happens, ethical differences can lead to a separation between HR departments and senior management. Human resources typically treats employee satisfaction as a predictor of business success. Companies that adopt this concept of people are counted among the most progressive organizations. A human resources manager is usually responsible for managing diversity, and diversity, which is based on factors other than those included in civil rights laws, is sometimes the reason for firing an employee who is not suitable. These factors can include personality, work style, and other attributes that have nothing to do with an employee`s professional qualifications, but are still important for employers who want to create a homogeneous workforce. Federal and state laws prohibiting discrimination and harassment in the workplace clearly state that employment decisions based on factors such as race, gender, national origin, or religion are illegal. Nevertheless, it is alleged that some companies use practices that involve termination due to these factors.
The ethical dilemma of firing employees due to discrimination is a dilemma that many hiring managers regularly face. A thorough investigation will help you avoid making a hasty or biased decision and will protect both the employee (if he is innocent) and your company (if the person makes an illegal dismissal or defamation claims). Document each step of the review process. Write down where or from whom you received evidence or information and when. Track who completed each step and why. Imagine being designated or designated as a « passenger » on the train by someone in senior management while describing your journey with the company. First, who calls his colleagues or colleagues « passengers »? A friend of mine was shocked and experienced it at the same time as someone from senior management was trying to comfort him.
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