The
3 most costly mistakes with problem employees. Separation notice
help.
Whether you are firing your problem employee or laying off workers
because of downsizing, you must give each worker a formal separation
notice. It is a crucial part of the termination process. And while
every termination is different, all separation notices should follow
a similar format. This is not to say you do not have to tailor each
separation notice, you do. But you can use a basic template and change
it depending on your circumstances.
What a Separation Notice should contain
First, a separation notice should have basic employee information.
You should include the employee's name and social security number.
Then list the dates the employee started work and date last worked
and the reason that they were separated from employment. Be careful
when giving reasons for termination. Get rid of any discriminatory
language or unprofessional wording.
You must make sure your employee clearly understands the reasons
for the separation. Also you must have documented evidence to support
those reasons. If you have collected this information properly, the
employee will not be surprised by his or her current predicament.
Finally there should be an area for both you and the employee to
sign off on the separation notice. This gives you legal evidence
the employee knew why you were letting him or her go.
Needing
to separate an employee from your company? This is how I terminate.
LEGAL INTERPRETATION OF DISCRIMINATION STATUTE WASHINGTON - Scott J. Bloch, Special Counsel of the U.S. Office of Special Counsel (OSC) today announced he is conducting a review of many aspects of the agency, including personnel, structure of the agency, the backlog of prohibited personnel practice cases and disclosure cases, as well as OSC policies. “We are in the process of evaluating,” said Mr. Bloch, “the backlog of prohibited personnel practices, whistleblower disclosures, and Hatch Act cases, to determine how best to utilize the resources we have to improve the efficiency of our office and better serve the federal merit protection system. I have challenged our excellent team to eliminate these backlogs by the end of the year.
“In addition, we are reviewing all policies of the office to determine the legal basis and prudence of each. In the course of this review, we have removed materials from the agency website in several policy areas and are conducting a legal analysis of the basis on which this office has previously reviewed claims of ‘sexual orientation’ discrimination, particularly the significance of the specific language under 5 U.S.C. § 2302(b)(10). I am dedicated to the principles of fairness and nondiscrimination in federal employment for which this Office is known. The Office, and I personally, remain committed to enforcing all prohibited personnel practices, including discrimination, as the statute says, ‘on the basis of conduct which does not adversely affect the job performance of the employee or applicant or the performance of others[,]’ regardless of an individual’s orientation.
"It appears that, beginning five years ago, this Office based jurisdiction in this area on the amendment to Executive Order 11487 made by Executive Order 13087. But Executive Order 11487, as further amended by Executive Order 13152, expressly states that it 'does not confer any right or benefit enforceable in law or equity against the United States or its representatives.' Further, Executive Order 11487, as amended, expressly places responsibility for its enforcement and implementation in the EEOC, not in OSC. This raises questions as to my power to enforce this Executive Order and reinforces my decision to conduct a full legal review of this policy. Therefore, OSC has removed these materials until a thorough legal analysis can be completed to clarify this area of the law.”
“Under the oath of office I took, it is my obligation to uphold the law,” Mr. Bloch continued. “First, we must determine what the law is when, as here, our enforcement power is not based on the plain words of the statute enacted by Congress and interpreted by the courts. We intend to continue enforcement for all manner of personal conduct that falls within the meaning of the statute, and to consult with professionals in my office, as well as outside my office, to ensure that a thorough and fair legal review occurs so that OSC gives the full measure of justice to all federal employees.”
OSC is an independent investigative and prosecutorial agency. Its primary mission is to safeguard the merit system in federal employment by protecting federal employees and applicants from prohibited personnel practices, especially retaliation for whistleblowing. OSC also has jurisdiction over the Hatch Act and the Uniformed Services Employment and Reemployment Rights Act.
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Needing
to separate an employee from your company? This is how I terminate.
What’s Your Company’s Email Policy?
Does your company have an email policy? Did you even know there was such a thing? Well, there is, and if your company doesn’t have one you are not only risking the professional image of your firm, but also risking potential liability issues that may arise from the misuse of your company email system.Having a published email policy accomplishes three objectives.First, it teaches your employees how to use email in a professional manner. What’s that? You’ve never really given much thought about the emails your employees send out? Well, you should, because ill-composed and unprofessional emails not only reflect on the employee, but on you and your company, as well.Chances are most of your emp. . .
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