What factors are generally addressed in a termination policy?

There are six factors that are generally addressed in an employment termination policy.

1. Application. Some policies apply to nonexempt employees only. Other policies apply both to nonexempt and exempt employees.

2. Fair treatment statement. Many employer policies state that the purpose of the policy and its procedures is to ensure fair treatment for an employee involved in an allegation of misconduct

3. Coverage: Misconduct or nonperformance. Policies generally specify behavior that is considered misconduct and the consequences of that misconduct.

Discipline is used to bring employee performance to a satisfactory level. But if an employee does not respond appropriately over time, discharge may be the last resort.

Gross misconduct requires stronger, swifter action. Behavior that is considered gross misconduct requires immediate investigation and possible suspension or even discharge. Examples of gross misconduct include fighting or attempting to injure another; willful destruction of organization property; theft, fraudulent or dishonest acts; alcohol or drugs --workplace possession, use or sale; and any other equally disruptive action.

4. Prior notice. Employees must be aware of the behavior and performance standards with which they must comply. Give employees proper advance notice, orally or in writing, by individually distributing rules and disciplinary procedures indicating what is expected of employees and possible penalties for falling short. An employee handbook is an accepted method of providing notice.

Some offenses may be so serious that employees are expected to know that the behavior is not permitted and will be punished, for example, drinking and drug use on the job or theft of property.

However, retain some flexibility. Policies should not set out inflexible penalties but should leave some room for discretion or special circumstances.

5. Fair investigation. According to most policies, an investigation must be made before disciplinary action is taken. There are times, however, when management must react immediately to an employee's behavior. In such cases, it is generally recommended that the employee be suspended pending investigation.

During an investigation, an impartial investigator looks into any possible justification for the employee's alleged violation. An employee's immediate supervisor should not conduct the investigation. Witnesses are sought out and questioned.

6. Consequences. Remember that an organization's disciplinary policies are designed primarily to change behavior and to protect itself and its employees. Therefore, the "punishment" must fit the "crime." Before any penalty is imposed, the seriousness of the proven offense, the employee's performance record and length of service must be considered. Trivial offenses should not merit serious disciplinary consequences --unless there have been numerous prior violations of the same offense.

Every aspect of an employer's disciplinary policy --rules, requirements and penalties --must be applied to all employees fairly and equitably. Therefore, as part of an investigation, past practice regarding similar incidents is reviewed to make sure that discipline has been applied consistently and without discrimination.