The Workplace Advisors specializes in providing HR assistance to associations such as PPAI and their member companies.
Each month, the consultancy answers anonymous questions from companies about a myriad of topics. Below are best practices regarding employee termination, including how to obtain company property.
Question: We had to let an employee go last week. I just received a message from one of their parents demanding I call them back to explain why they were let go and that I rehire them immediately. The termination was for good cause. Should I respond or leave it alone?
Answer: Maybe. We all understand family members defending their loved ones even if they don’t know all of the circumstances. Usually, we don’t need to (and, in most cases, shouldn’t) engage with them.
If the employee is a minor (under 18 years of age), then you probably should reach out to the parent and give some information as to the circumstances. Just as they may need to sign some of the new hire documents on behalf of their minor child, they may need to know what their child has done. You can stay firm in not rehiring the employee. Keep the conversation concise, ending it if it becomes too aggressive.
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If the employee is an adult (18 years or older), then you should not give any details as all employees deserve some confidentiality, even from family members. While you can ignore the request, you may consider a brief return call saying you can’t provide that information, so they don’t continue to bother you. Again, end the conversation if it becomes too aggressive.
As a side note: The only time you should communicate with an adult employee’s family member about them is if the employee is unable to talk with you themselves, and then you should communicate with the family member (preferably the employee’s emergency contact) just on the basics.
- For example, if the employee is in the hospital and unresponsive, you should let a family member notify you, keep you up to date on the employee’s health and status and allow them to have any forms completed that you may need to process for their leave and/or benefits.
Question: We had an employee give two weeks’ notice. However, they have been creating tension in the workplace, and we want to end their employment before the two weeks are over. What are our options?
Answer: Assuming the employment is at-will, meaning either party can end the relationship at any time with or without cause or notice, you can let the employee go at any point. However, if you do not let the employee work the full two weeks, it may change the resignation into an involuntary termination, especially for unemployment purposes. This would mean that, if the employee filed for and successfully was awarded unemployment benefits, they could last until the employee is employed again, even beyond the two-week period.
Instead, you could let the employee go but pay them for the full two weeks. This should preserve the voluntary resignation (although unemployment may be awarded for another reason – it’s up to the adjudicator).
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Be sure to also pay the employee for any other payments they are entitled to under the law or company policy, such as unused vacation or paid time off.
Question: We issue employees valuable equipment including cell phones and laptops to perform their job duties. Employees also have access to valuable information such as client files. What actions can we take to ensure we get it all back?
Answer: Your options will vary depending on where you’re located and what policies and practices you have in place.
You should have policies outlining that these items and information remain company property and must be returned at termination or upon request. If required, they may be subject to legal recourse to recoup the equipment or replacement costs, which may include wage deductions if allowed by federal, state and local laws (of which there are many restricting such deductions).
- When you issue valuable property, you should have the employee complete an acknowledgement form outlining policies, usage and return expectations, as well as legal action options.
- The form should also include a detailed chart outlining the cost of each item and the employee’s initials and date upon receipt.
- This form will be required to defend a claim of improper wage deductions or if you need to take legal action such as filing a police report or a claim in civil court.
You should also have strong policies covering confidential information and the prohibited and permitted uses of that information during and after employment. These policies should state that all information and files must be returned and/or deleted from any electronic device if kept electronically.
Establishing a solid structure of policies, practices and forms will help you protect your company’s valuable assets.
To learn more, visit www.theworkplaceadvisors.com.
