Answers to tricky HR questions: Dealing with terminations and complaints
March 6, 2008 by Jim GiulianoPosted in: Answers to tricky HR questions, Complaint investigation, Latest News & Views, Terminations
Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation.
Terminated employees want to bargain
Question:
Every once in a while, when we have to terminate an employee, we run into the situation where the employee tries to bargain to get his or her job back.
We always make it clear that the decision is final, but is there something else we can do in that situation to make the process go more smoothly?
Answer:
Affirming that the decision is final is the right move, but then try to move on to the next step, such as explaining post-employment COBRA rights. That’s the advice of attorney Jonathan Segal of the firm Wolf, Block & Solis, who holds HR seminars titled “Firing without Fear.”
The key is to get the terminated employee into another mode of thinking – what’s going to happen after he or she leaves.
They have legitimate gripes: How do we respond?
Question:
It seems we’re always hearing about how to deal with employees who complain a lot. What about employees whose gripes are legitimate? How do you deal with that?
We’re not talking about legal problems – just sort of run-of-the mill personnel issues.
Answer:
When an employee has an honest-to-goodness beef, provide three choices and offer
to help with the choice the employee has made, says Larry Johnson, author of “Absolute Honesty: Building a Corporate Culture That Values Straight Talk and Rewards Integrity.”
1. The person can decide to make some effort to change the situation.
2. Maybe changing the situation is outside the person’s authority or ability. Then he or she has to accept the situation.
3. If Nos. 1 and 2 aren’t acceptable to the person, he or she has to decide whether to leave the job.
Remember to offer your help, but make it clear the employee is the one who has to take action.
May 5th, 2008 at 1:37 pm
Termination: I had a 20 year old male host in Restuarant that called in sick 2 Friday’s in a row and on the 3rd Friday the employee did not show up for his scheduled work time at 10:30 a.m. but rather showed up at 1:00 p.m. by this time the shift had been covered and we did not need that host any more so we suspended the employee and then term the employee the next day. My question…the parents are long term customers and are not happy that their son was term so they are mad and want their son to get his job back. Can I tell the parents due to confidentiality we would perfer not to discuss their son’s performance and termination but rather that is a question they will need to speak to their son about.
May 5th, 2008 at 3:37 pm
Under no circumstances would I discuss an ex-employee’s employment record with another family member, unless, of course, there is written permission signed by the ex-employee to do so. It is very easy for tape recordings to be made and I would not put it past a loved one trying to help their family member by taping whatever is said. Leave it to the ex-employee to say what he/she wants. As long as you have documented employment history, especially problems, a company can defend itself in most cases.
October 29th, 2008 at 4:48 pm
Our commpany policy is if an employee does not call in or does not show up for work for two days in a row and then again on the thrid day he is automatically considered to have quit due to job abandoment. I have had some employee state that we have fired them and they did not quit. We stand behind the job abondoment rule due to the no call, no show issue. Our handbook states they must call in by 8:00 AM in the morning to advise us if they our not coming in for work. This has held up as far as unemployment issues are concerned. Does anyone have anycomments on this type of issue?
November 3rd, 2008 at 5:52 pm
TC Perez: DO NOT discuss the employment relationship with anyone but the employee, period.
Cathy: I think you’ve got a good policy, as long as you employee is made aware of the policy (and you have their acknowledgement in writing) I think you can do no more. 3 chances is a lot to give on the employer’s behalf.