Don’t:

Leave the task to someone who does not have direct supervision of the worker being fired. If you are their direct supervisor, you have the ultimate responsibility to deliver the “bad news”.

Why? Not only does it put the person who does not supervise the employee in an unfair and uncomfortable position of being the messenger of your decision, but it makes the affected employee feel dismissed, angry and resentful. Sit with your employee and be clear with them as to why they are being fired. If you have been communicating with your worker prior to notifying that they will be let go, (and I hope that you have), the fact that you have reached the point where they will be fired should not be a surprise to them.

Don’t:

Fire an employee on the spot unless the actions are so egregious that it requires immediate removal from the workplace.

Why? It is critical to be consistent with how you determine what acts of employee conduct or misconduct rise to the level of firing an employee. All businesses no matter how small should have basic standards in place that highlight your expectations relating to employee conduct or behavior in the workplace and the consequences of violating these standards. Firing an employee without having company standards in place that show that you have specific expectations of employees and their behavior complicates situations where an employee feels that they have been treated unfairly.

You should always investigate all situations that are brought to your attention whenever possible. This means talking not only to the employee in question, but any other staff members, customers, or clients who may be able to provide details that will inform your decision to keep or fire the employee.

If you don’t have any standards or policies in place, the best approach for firings involving less complicated work violation situations may be to give the employee a warning that their actions are inappropriate and then clearly highlight your expectations moving forward. Let them know that any future violations will result in termination. Document the date that the employee received this information and place a note in their file.

Be proactive and summarize your expectations of all employees in writing including the consequences for misconduct. Give a written document to all of your employees that highlight your expectations. Employees deserve to know what is expected of them, as well as the consequences of certain actions or behaviors in the workplace.

Do:

Fire workers who have crossed the line of what is considered egregious inappropriate behavior if you are absolutely certain based on the facts that the employee is guilty of misconduct. Behaviors that might require immediate dismissal if proven are:

• Violence against others
• Sexual harassment
• Threats
• Bringing weapons to work

Remember to be proactive and have written standards in place that highlight the company’s position on employee conduct and behavior. Be careful to fully investigate any complaints before making the decision to fire a worker. If you are not sure if a worker is guilty of any violation and you need time to learn more in situations such as the ones described above, suspend the employee with pay until you are able to research the situation and talk to all of the individuals involved.

Do:

Respect the privacy and confidentiality of everyone involved by meeting with your employee(s) in a private area; (it’s o.k. to have a management person present if appropriate as a witness).

Do:

Tell your employee the reason for the termination. Have a letter prepared briefly summarizing the reason for their being fired, the date of the firing and when their benefits will end, (if applicable).

Give your employee their last paycheck if at all possible when you notify them that they are being fired. If this is not possible, let them know when they can expect to receive their last check and that it will be mailed to their home.

It is recommended that you consult with an employment law attorney if you do not have a dedicated human resources professional in place to help you through these more complicated situations.

Dianne Shaddock is the Founder of Easy Small Business HR.com, a website which provides “Quick and Simple Human Resources Strategies for Small Businesses, Non Profits, and Entrepreneurs.

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IRS

The current federal minimum which is $6.55 per hour will change to $7.25 per hour.  Prior to 2007 when the federal minimum wage was increased from $5.15 per hour to $5.85 per hour, it had remained the same for ten years.   Wage and Hour Division, www.dol.gov/esa/whd (July 2009).

Commentary

As this is the last scheduled increase in the minimum wage from the 2007 amendment and with the recent job numbers, it is doubtful employers will see another wage increase anytime soon.

All employers should take note of the increase and adjust their wage schedule accordingly.

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U.S. Immigration and Customs Enforcement (ICE) is launching a bold, new audit initiative today by issuing Notices of Inspection (NOIs) to 652 businesses nationwide – which exceeds the total number ICE issued throughout all of last fiscal year. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative illustrates ICE’s increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.

“ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE’s long-term strategy to address and deter illegal employment,” said Department of Homeland Security Assistant Secretary for ICE John Morton.

Department of Homeland Security

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.

In FY 2008, ICE issued 503 similar notices throughout the year. In April, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation’s lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The nationwide initiative being launched today is a direct result of this new strategy.

The 652 businesses being presented with NOIs for a Form I-9 audit have been selected for inspection as a result of leads and information obtained through other investigative means. Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.  If you receive a notice, you should consult with your counsel. However, best practices would require that you: a) respond promptly (or obtain an extension of time to do so), b) do not take any action which could be viewed as tampering with the I-9s or underlying documents, c) initiate an internal review of your practices and an audit, and d) maintain copies of all information and documents provided to DHS.

Note that while you can always take action as to deficient I-9s after you respond to Immigration and Customs Enforcement (ICE), you should date such action as of the date taken and not backdate signatures or alter documents.

For guidance or assistance with hiring practices click here to speak to professionals.

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At the Bargain Zone, a freight surplus store in Lee’s Summit, office manager Jeff LeMasters was clear about cell phone and Internet rules for employees:

No personal calls, no texting, while on the store floor. And employees had to sign a contract that said they’d be terminated for personal use of the Internet while working.

But LeMasters wasn’t clear about what to do when “someone called and told us we needed to take a look” at what an employee wrote on Facebook.

The employee “was basically trashing us online,” LeMasters found. The comments included profanity and derogatory things about the work and the owners.

“We had no way to know if that could have a negative impact on our business, but we knew we didn’t want it out there,” LeMasters said.

The world of Facebook, MySpace and YouTube postings is giving employers headaches. Often, employers like LeMasters are exploring on a case-by-case basis what rights they have to police employees’ blogs and social networking pages.

LeMasters and business partner Randy Benton quickly learned they had no constitutional right to fight the worker’s postings, but they did have a clear course because some of the Internet use had occurred at the store.

“We didn’t fire the employee because of what was said,” LeMaster said. “We fired the employee because the time spent online was in violation of the signed work contract.”

Usually, though, there isn’t such a bright line to guide employers.

“There’s always a tension between employee privacy rights and the rights of the employer to protect the company image and, sometimes, co-workers,” said Joseph Clees, a lawyer with the Ogletree Deakins Nash Smoak & Stewart law firm.

Get the whole story go to: http://www.kansascity.com/105/story/1241136.html

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