BLR’s Human Resources
Training Presentations
Grounds for Termination
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Goals
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Review the federal employment laws that
affect termination.
Know the legitimate reasons you can safely
terminate and how you should go about it.
See why you need to keep up-to-date and
accurate records on employees.
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Federal Fair Employment Laws
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Civil Rights Act of 1964
Equal Pay Act of 1963
Fair Labor Standards Act
National Labor Relations Act
Occupational Safety and Health Act
Age Discrimination in Employment Act
Employee Retirement Income Security Act
Rehabilitation Act of 1973, Americans with
Disabilities Act of 1990
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Poor Performance
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Firing is an
absolute right
Documenting poor
performance is a must
Firing ‘protected’
employees requires
careful records
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Insubordination
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Investigate
Provide evidence
Breaking the law is not insubordination
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Poor Attendance and Tardiness
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Distinguish between excused
absences and unexcused
absences
Is being a little late grounds
for dismissal?
Document all absences
and excessive tardiness
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Violations of Company Policy
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Make sure all company policies appear in
the employee handbook
Be sure all employees see and understand
the policies
Ensure that all employees know the
consequences of not adhering to the policies
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Breaking the Law
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Did the illegal activity
happen outside of work?
Has the employee
been convicted?
Is the crime related
to the job?
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Dishonesty
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Don’t accept dishonesty
Base your decisions on solid evidence
Recognize that dishonesty comes in
many forms
Use a code of ethics
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Safety and Health Threats
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Drugs and
Alcohol Problems
AIDS
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Dress Code Violations
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When is a dress code needed?
Should you make exceptions for religious
and cultural beliefs?
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Layoffs
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Give effective notice
Comply with the
WARN Act
Consider laid-off
employees for future
job openings
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Other Considerations
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When it comes to termination, don’t stall
Termination is a private matter
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Summary
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It is easier to hire than fire
Keep accurate, up-to-date employment
records
Distribute company policies to all
employees
Do not violate any federal or state laws
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Quiz
1. What does Title VII prohibit?
2. What is the importance of developing a company
policy when it comes to firing an employee?
3. What alternatives to firing do you have if an
employee is charged with a crime outside of
work?
4. Can you fire a member of a “protected class”?
5. Describe a “subtle” form of dishonesty that can
harm your company.
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Quiz (cont.)
6. What does employment at will mean?
7. What does the Equal Pay Act do?
8. Can you fire an employee who becomes pregnant
while working for your company?
9. Is it okay not to have a dress code?
10. What two questions should you ask yourself
before firing an employee who has violated the
law?
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Quiz Answers
1. Title VII prohibits discrimination on the basis of
race, color, sex, religion, or national origin.
2. It gives the employer a tool to use to fire or
discipline an employee when the employee
violates company policy.
3. Suspension or removal to a less visible position.
4. Yes, providing the reason you are firing them is
not to mask discrimination.
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Quiz Answers (cont.)
5. Lying on a résumé.
6. Either party can end the employment at any time for
any reason providing no laws are being broken.
7. Employers are required to pay men and women the
same pay for the same work.
8. No. Violation of Title VII amendment.
9. Yes. But if you do have a dress code, it is a
good idea to spell it out in the company’s
policy handbook.
4/00/31511251 © 2000 Business & Legal Reports, Inc.
Quiz Answers (cont.)
10. Was the employee convicted of the crime,
or is he or she just being investigated, and
what relationship does the crime have to the
employee’s work?
4/00/31511251 © 2000 Business & Legal Reports, Inc.