As an employer, you must conduct employee investigations before
termination proceedings can begin. This is because failure
do employee investigations before termination proceedings can lead
to
lengthy
legal battles – and you might find yourself on the losing
end. Why are employee investigations before termination so important?
Conducting extensive employee investigations before termination
is so important because a court can use all of your documentation,
or lack thereof, if your employee decides to file a wrongful termination
suit. If you do not have enough documentation or properly recorded
documentation, you can not build a strong case to back up your
termination decision. Remember, it is up to you to prove your case.
Without the evidence documentation provides, you will have a difficult
time doing this. As a result, you might find yourself paying damage
charges or stuck with an employee that you don’t want to
keep on board – or both.
How do I conduct employee investigations before termination?
Employee investigations before termination should be a team effort
among supervisors. If you are a small business owner, you might
be the only supervisor. If you are a Human Resources Manager, on
the other hand, this responsibility may rest on your shoulders
as well as on the shoulders of the other supervisors in your company.
Regardless of whom is in charge of supervising the employee, everyone
responsible must be aware of proper documentation procedures. These
procedures include documenting any problems that may have taken
place with the employee. This should include a description of the
incident that took place, the date it occurred, and the disciplinary
action you or your supervisors took. As part of this documentation,
you should have the employee sign paperwork showing that he or
she read the report. If the employee refuses to sign it, have another
supervisor sign pointing out that he or she witnessed your discussion
with the employee.
What if I think there is a problem with an employee but can’t “catch
him” in the act?
You may believe an employee is doing something against the rules
or that puts him or other employees in danger, but have not been
able to witness the employee engaging in these actions. If this
is the case, you may need to hire an investigator. However sometimes
you can handle the situation yourself. For example you might suspect
the employee is taking drugs so you can have him or her take a
drug test. To prevent having discrimination charges brought against
you, however, you must give all of your employees a test. If the
problem is a workmen’s compensation issue or a safety issue,
you might have to hire someone to keep an eye on the employee and
record his or her unscrupulous actions. Regardless of the problem,
extensive employee investigations before termination are necessary
if you hope to keep yourself free from legal troubles.
Remarkable
help when terminating an employee
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