“Why is it that an employee can quit when they feel like it and, yet, if an employer terminates an employee without going through a formal disciplinary process, the employer may risk a lawsuit?”
While it is true that most employment is “at will”, employers must also abide by employment laws. A formal disciplinary process can provide clear communicaiton as to the current organizational needs and the employee responsiblities and therefore provide evidence of non discriminatory actions on the part of the employer.
Two Steps to Eliminate Misunderstandings – Ensure Employee Termination without Litigation
(misunderstandings are often the cause of legal action)
First Step– Create Job Descriptions and Keep Up to Date
Document why the job exists. Define how it contributes to the success of the organization.
HR Tip : The job description defines the job function as separate from the person performing the duties of the job.
Second Step – Establish Goals, Measure Contribution
The person holding the job needs to know that they are (or are not) fulfilling the requirements of the job. Therefore, establish goals and track performance.
HR Tip : The burden is on the employer to set up the system of communication and measurement in regard to job performance.
When the needs of the organization are known by employees as well as their contribution, not only will it be easier to fulfill your organizational purpose and goals, you will have the foundation for good teamwork and reduce your risk of employment lawsuits as well.
If you have a current situation, don’t delay, contact me for a free 30 minute initial consultation.
Barbara Bunn McCullough, Executive Director
Rita Casey, Ph.D.
Serving Clients in the San Francisco Bay Area and Nationwide by Phone and Email.