Terminating and Hiring of Employees - Tips to Manage Compliance

Mar 2 08:50 2011 Antony Kelly Print This Article

When an employee fails to meet the status quo of their job, firing someone can be difficult.  Though many employers would like to let go of their “problem employee”, employers can be hesitant to do so.  Over the past couple of years, our country’s judicial system has passed various laws that have made the process of firing an unwanted employee much more challenging.   PEO's can make this dreary process easier for you, the small business employer.

When an employee fails to meet the status quo of their job,Guest Posting firing someone can be difficult.  Though many employers would like to let go of their “problem employee”, employers can be hesitant to do so.  Over the past couple of years, our country’s judicial system has passed various laws that have made the process of firing an unwanted employee much more challenging. There are numerous reasons for letting an employee go that are clearly stated by law as unlawful.  The most frequently cited employment bias charges according to The Equal Opportunity Commission were related to hiring and firing practices.  A PEO Company, like the Florida PEO or the Georgia PEO, can make this dreary process easier for you, the small business employer.  Here are some helpful tips on how to legally fire an employee and how one option may be using a PEO ( Professional Employee Organization) to assist with this course of action. 

Discrimination When Hiring 

When hiring an employee, there are certain topics of discussion that should not be asked. Race, age, sex, religion, and national origin are examples of such topics that cannot be mentioned.  An employer also may not ask about the existence or extent of one's disability unless there is justification that the handicap would interfere with one's performance on the job.  An employer cannot question the applicant on previous arrest records that did not result in convictions.  In short, any information that is not imperative to decide the applicant's capacity to carry out the responsibilities related with the job cannot be asked.  If the employer so chooses, he may inquire if the applicant is an adult or has the legal right to be working in this country.  To ensure that a dangerous topic does not arise, it is wise to use PEO outsourcing to provide recommendations on possible conflicts when hiring. 

Before Firing an Employee

Before firing an employee, make sure that this action is confirmed by the top of the chain of command, or you if you are the small business owner.  Some Federal Law demands that sixty days prior to the release of an employee in some specific cases, but rest assured small businesses are not required to do this. The best way to handle this situation as an employer is to present the employee with a documented brief account of why the release is occurring.  However, a common mistake that often occurs is revealing to an employee prematurely that they will be laid off.  This can cause undesired results such as unproductive or unreasonable behavior. To avoid such actions, take the required defense measures to change security and access codes and limit the intelligence given to a dismissed employee. 

Firing an Employee

When firing an employee it is best to be both truthful and perfectly clear on the grounds on which the discharge is being made.  Be certain the fired employee is given a precise explanation of severance pay procedures, benefits continuation forms, pension or profit-sharing payouts, and other available assistance, such as outplacement counseling.   It is important for there to be another company employee to witness the termination of the unwanted employee.  Having two representatives makes available a witness if the terminated employee wishes to file a lawsuit.  Therefore, it is usually wise to include someone from a within the company as a witness. The meeting should go as efficiently and swiftly as possible.  Everything said should also be explained in a termination letter which should be given to the terminated employee following the confrontation.  At the end, allow the employee to ask questions. End the meeting with a cordial farewell and wish the best of luck to the ex-employee.  The meeting should end on a positive key in order to avoid irrational behavior from the ex-employee.  

How a PEO (employee leasing company) can help 

With so many different ways that a termination could go wrong, you as an employer, are probably wondering if there is an easier way. Well, there is. Using a Professional Employer Organization can make the termination process easier and more efficient because PEO's understand best practices.  PEO companies take care of any legality issues that may arise and, more often than note, save you the hassle of costly lawsuits.  THe PEO can provide guidance on employment regulations and termination requirements.  Employee leasing services professionals can almost always answer questions involving legally firing an employee and provide access to PEO HR experts.

By using the following suggestions you can make firing an employee an easy and efficient task.  However, we recommend working with a PEO prior to this and reducing the risk of a disgruntled employee filing a law suit for harassment or unlawful firing.  When an employee’s performance is not up to par, the employer has every right to fire the employee if the appropriate steps are followed.  It is necessary to have to proper documentation and give a fair amount of warning if legally required.  Be swift with the termination in order for this transaction to go smoothly and allow your business to continue operating as usual.

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About Article Author

Antony Kelly
Antony Kelly

Anthony Kelly is a frequent contributor to PEOcompare.com and has experience working for the PEO Company (Professional Employee Organization) and small businesses since 1997. He frequently writes about different PEO HR organizations like the Florida PEO and the Georgia PEO, PEO Payroll, workers compensation and other issues affecting the small business owner. He can be reached at a.kelly@peocompare.com.

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