HR Assignment: Employee Termination, Discrimination, and Discipline

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Added on  2022/11/19

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This report examines the processes and legal considerations surrounding employee termination and disciplinary actions within a human resources context. It addresses the importance of progressive discipline, including warning letters and documented performance issues, to mitigate potential legal challenges, particularly claims of discrimination. The report provides practical steps for handling employee performance issues, including conducting thorough investigations and adhering to company policies. It also highlights the significance of clear communication and documentation throughout the termination process. The report references relevant sources and provides a framework for HR professionals to effectively manage employee separations while minimizing legal risks.
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Running head: HUMAN RESOURCE
Human Resource Management
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HUMAN RESOURCE
Q1: Termination plan and steps of an employees
In order for a human resource manager to terminate the services of an employee, they must
have a plan and pertinent documentation. It is advisable for the human resource department to
have a discussion with the employee on their termination beforehand (Lillard, 2016).
These are the steps to be carried out when terminating an employee in Maryland:
1. Discuss with the employee about the nature of the problem and what must occur
before a final determination is reached.
2. Warn the employee: maybe 2 to 3 warnings through letters.
3. The employee must allowed to explain their action and provide information
4. Preparation of a written termination notice after consideration of available
information
5. Have a private conversation with the employee in presence of a witness or backup
present
6. Issue warning letters explaining the continued below average perfomances.
7. Announce termination backed by evidence and with all necessary documentation
shown.
Q2. Steps taken for a company to protect itself against discrimination law suits.
Best practices minimizes the probability of an employee filing a discriminatory suit when
disciplined or otherwise terminated. In most cases, employees know that they are performing
below expectation or when they violate a company’s policy. Therefore, the best steps for a
company to take are:
1. Follow workplace policies on disciplinary such as writing warning letter, summoning
and more depending on policy of the company (Thornthwaite, 2016).
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HUMAN RESOURCE
2. Conduct investigations and due diligence on performance issues before taking
disciplinary action.
3. Documentation- where all managers and supervisors must document and performance
and behavioral issues leading to termination.
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HUMAN RESOURCE
References
Lillard, M. C. (2016). Summary of Idaho Employment Termination Law.
Thornthwaite, L. (2016). Chilling times: social media policies, labour law and employment
relations. Asia Pacific Journal of Human Resources, 54(3), 332-351.
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