Terminating an employee can be tricky and must be handled with care. When our client had a terminated employee file an Equal Employment Opportunity Claim of sex and gender discrimination, HR Resolutions was ready to help.
The terminated employee sought damages exceeding $180,000—more than three times her salary. HR Resolutions worked with the client to prepare for mediation. We went over what occurred during termination, gathered all relevant paperwork, and talked through the mediation process. During mediation, we helped the client:
- Acknowledge using vague terminology instead of being straightforward and saying, “You’re fired.”
- Present documentation regarding the employee’s performance, including the employee’s performance improvement plan and follow-up communication.
- Stay professional and avoid being emotional.
Based on the practices and documentation the employer had to support the termination for cause, the employer and terminated employee settled for $28,000—a fraction of the original ask. The mediator found that the employee had ample notice to change, correct, and improve, and she did not.
The employer succeeded in this case because they had a written documentation process in place to support their actions. This was also a good opportunity for HR Resolutions and the client to review their termination procedures and amend accordingly.
Missteps in both documentation and termination procedures can be costly! Do you have solid systems in place for hiring, documenting, and terminating employees? Is it time to pull out the systems and take another look? HR Resolutions has the expertise and perspective to help you develop and customize systems that will work for you. Email us today and let’s get started.