Employee Handbooks

When You Have to Fire An Employee - 10 Things to Keep In Mind

An article in today’s Seattle Post-Intelligencer, “Use forethought, respect when letting employees go”, lays a good background of what to keep in mind when you have reached the conclusion you must terminate an employee.  This is one of the most difficult decisions to make, and I find far too many employers put it off, then a crisis forces them to act on impulse.  Here are ten key things to keep in mind when the time comes to terminate an employee:

1. DON’T lie.  A manager makes a huge mistake by trying to not hurt an employee’s feelings, or trying to gloss over performance problems because the manager feels badly about having to terminate the person.  Be direct, be clear and be quick.  You do not have to put the reason in writing, but be aware that a Washington law gives an employee the right to request that the reason be put in writing.
2. DON’T leak the decision to terminate to anyone who is not on a “need to know” basis.  Allowing the news to come through the grapevine is a sure way to make an already difficult situation ten times worse.
3. DON’T fire someone on a Friday or right before a big holiday.  Earlier in the week allows them to start looking for a job right away, and ensures access to support services if an employee is especially traumatized by the termination.
4. DON’T email or text an employee with the news.  Learn from Radio Shack's mistake - firing 400 employees via email was the PR nightmare heard round the Internet.
5. DON’T withhold money from their paycheck, other than those items required or allowed by law.  Washington has very specific laws and regulations about what can and cannot be withheld from a final paycheck.  Even when an employee steals from you, those laws must be followed.
6. DO have a third party present. Typically an HR person, but in any case it is a good idea so that later there is no confusion or ability to misrepresent what was said.  Have that person take notes.
7. DO have a security plan in place.  Think in advance what needs to be done should the departing employee become violent.  Or return with intent to harm others in the workplace.
8. DO follow your own policies and procedures.  Making sure the decision to terminate follows in step with company policies and procedures helps eliminate arguments later that the decision was somehow improper as it did not comply.
9. DO back up the employee’s computer files, and contact your IT person.  Terminated employees have been known to delete or remove files out of spite, or with the intent of taking valuable information with them to a new place of employment.
10. DO contact an attorney in advance if you have reason to believe this termination could lead to a lawsuit (even a frivolous one).

March Madness and Workplace Internet Policies

    I heard today that CBS will stream all the games of March Madness live on the Internet for free. See March Madness on the Internet.(Upon researching this, I see the free broadcast is limited to those who sign up in advance, and the link may be gone by the time you read this).  A local radio station here in Seattle included a commentator who mentioned how much productivity could be lost if employees watch March Madness on their computer at work, instead of working.  Given recent estimates that over $2.5 billion is gambled each year on the NCAA tournament, and given the large numbers of workplace pools, the commentator is probably not too far off base that this live feed may affect the productivity of some workplaces.

    All of which is just a firm reminder that businesses should have some sort of Internet policy in place with regards to employee use of the Internet and/or email.  As with all employee guidelines and policies, it should be evenly enforced and clearly communicated.  The degree of restriction on personal use of the Internet will likely vary with the nature of the workplace.  Employee’s rights to privacy are largely based on state law, so a lawyer should definitely review your policy to be sure it complies with local law.  One good place to start your thinking on a policy is on an Australia company’s website, Electronic Frontiers Australia Model Policy.

Why Have An Employee Handbook?

This question is one of the underlying purposes of this blog.  I have been practicing in employment law for twelve years, and a common problem I observe is the failure of business to take pro active steps to prevent employment law claims.  I understand how this happens - when people start a business, they usually are more interested in, and consumed with, getting their fledgling business off the ground.  "Human resources" is seen as a luxury, or the stuff of big companies.  So many small businesses simply make sure their payroll is done, and that the appropriate taxes are paid and just assume everything else will just work out.  This can turn out to be penny wise, but pound foolish.  As we'll see during the life of this blog, human resources is NOT a luxury, and if you have even one employee, it should take up some space in your business plan.  Even the best of intentions can turn out to cause serious legal problems.  Future posts will include the top reasons to have a handbook or at least some written policies; what are the key areas to cover; examples of where things have gone right and where they have gone wrong.  And, once in a while, there might be a completely unrelated post on the wonders of baseball.  Welcome to my blog - please feel free to send me questions or comments!