BUS FPX 4044 Assessment 4 Termination Considerations

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Capella University

BUS-FPX4044 Legal Issues in Human Resource Management

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Date

Employee Termination: Process and Considerations

Introduction

Alex, an employee of the company, has been identified for termination due to multiple issues, including tardiness, subpar work quality, verbal conflicts with colleagues, and property damage caused by intentionally throwing a computer. Although terminating employment is rarely a desirable outcome, it is crucial to uphold corporate regulations and ensure a safe and equitable workplace for all employees. This paper discusses various aspects of employee termination, emphasizing the importance of following appropriate protocols.

Key Aspects of Employee Termination

1. Constructive Discharge

Constructive discharge, also known as constructive dismissal or resigning with cause, occurs when an employee resigns due to a negative work environment. The employee may feel compelled to leave due to a single incident or a pattern of unfavorable behaviors. Constructive discharge differs from voluntary resignation as it is associated with an unpleasant or hostile work environment, making resignation the employee’s last resort. This type of separation may qualify as wrongful termination if the employee can demonstrate the adverse conditions that led to their decision to resign (Indeed Editorial Team, 2023).

Unlike normal voluntary resignations, constructive discharge can result in unemployment compensation if deemed wrongful. Employers must ensure that workplace conditions do not compel employees to resign involuntarily without proper cause.

2. Policies and Procedures for Termination

To protect the organization and ensure fairness in employee termination, HR must adhere to established protocols. These include:

Policy Steps	Details
Documentation Review	Supervisors must provide HR with relevant warnings, action plans, or documentation about the employee’s performance or conduct issues.
Policy Evaluation	HR reviews workplace policy violations and ensures that all disciplinary actions adhere to the company’s progressive discipline policy.
Progressive Discipline	Actions include up to three written warnings, suspension without pay, and termination, with steps possibly bypassed in severe cases.

This approach ensures due diligence and fairness while mitigating legal risks for the organization.

3. Due Process

Providing due process requires acknowledging an employee’s right to improve before facing termination. This involves informing employees of performance standards, allowing them time to improve, and ensuring consistency in disciplinary actions. Employers must avoid arbitrary enforcement of policies and ensure that sanctions align with the severity of infractions. A final, well-documented incident often serves as the foundation for justifiable termination decisions (Falcone, 2021).

Additional Considerations

At-Will Employment

In an at-will employment context, employers can terminate employees at any time without specific cause, except for illegal reasons. Employees also retain the right to resign without notice. While this arrangement provides flexibility, exceptions to the at-will doctrine, such as public policy violations and implied contracts, protect employees from unfair treatment (At-Will Employment – Overview, 2023).

Employee Rights

HR departments must ensure that employees’ rights are protected under state and federal laws. Training leadership teams on these regulations and providing accessible reporting channels—such as compliance hotlines—foster a transparent and supportive workplace. Employees should feel empowered to report concerns without fear of retaliation.

Steps for Termination

When terminating an employee, the following steps should be followed to ensure a respectful process (How to Terminate an Employee: 5 Steps | SPARK Blog | ADP, 2023):

Step	Action
Issue Identification	Present clear documentation of issues and violated policies.
Private Discussion	Conduct the termination meeting in a private setting.
Communication	Be direct and empathetic when informing the employee of the decision.
Benefit Review	Discuss the status of employee benefits and timelines.
Exit Procedure	Collect company property and conduct an exit interview.

Conclusion

Terminating an employee is a complex and sensitive process that requires adherence to legal and ethical standards. By following structured policies, providing due process, and upholding employee rights, organizations can ensure a fair and humane approach to employee separations.

References

At-Will Employment – Overview. (2023, June 4). NCSL. https://www.ncsl.org/labor-and-employment/atwill-employment-overview

Falcone, P. (2021, July 6). The Elements of Due Process. SHRM. https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/theelements-of-due-process.aspx

How to Terminate an Employee: 5 Steps | SPARK Blog | ADP. (2023, March 22). ADP. https://www.adp.com/spark/articles/2018/08/how-to-terminate-an-employee-5-steps.aspx