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What factors must an employer consider before terminating an employee in order to avoid a wrongful discharge claim?

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Question added by Alia Hassan , Head of Human Resources , Al Hurreyah for consulting
Date Posted: 2018/11/18
Fahid Rasheed Rana
by Fahid Rasheed Rana , Associate Head HR , Cross Stitch

The termination should be against "misconduct" and following stepts must be taken:

1. Preliminary Enquiry 

2. Issuance of Charge Sheet / Show Cause Notice / Explanation Letter

3. Issuance of enquiry notice / Appintment of Enquiry Officer

4. cOnduct enquiry and provide opportunity for cross examination

5. Termination / Punishment if found guilty 

Piyush Gupta
by Piyush Gupta , Senior Oracle Database DBA L-4 , Rackspace Technology

Few points an employer must consider:

1. Bad Attitude.

2. Not responsible to the assigned tasks.

3. Not willing to learn and adapt new things.

4. Misbehave with team members.

Kazim Naqvi
by Kazim Naqvi , Senior IT Officer , Sapphire Retail Limited

Termination should be taken against these points.

 

1. Lack of Behaviour & Good Attitude towards the team

2. Lack of Integrity & Honesty

3. Abusive / Discplinary misconducts in Offical Enviornment

4. Responisbility 

5. Timings & Punctuality

Wisam Mahmood
by Wisam Mahmood , Managing Director and Co-Founder , Zoom In Photography LLC

  • Commitment to task and projects assigned
  • Meeting KPI
  • Compliance with the Organizational Policies and Goals
  • Attitude toward peer employees
  • Communicational issues with clients (if any complaints)

May Jehad
by May Jehad , customer service , Universal Hospitals

Consider all legal requirements you must comply with and do not fail to fulfill them 

Arrange for any necessary parties to be present at the meeting

Arrange for your meeting to be in a private place

Be frank with your reasons for firing the employee

Questions About Firing Employees? Talk to an Attorney

Think things through and Is the firing for a valid reason?

Muhammad Nadeem
by Muhammad Nadeem , HRMS Section Head , Gulf Catering Food Factory

If not required employeement any more so take care of some below points.

1) Give a proper notes to employee before a proier period.

2) If Termination is due to misconduct, make sure given warnings before in a proper way.

3) Make a proper investigation for reason behind misconducting.

4) Make a meeting with employee and clear satuation to him.

5) Make a HR letter with clear reason and get signed from him.

6) Clear all his dues and get signed on final Clearance.

There is one aspect of being a boss that few (if any) employers relish: firing an employee. Here are some tips to consider when firing any employee. Think things through. Before you decide to fire an employee, make sure that you have thought things through carefully. If an employee is being accused of incompetence by a supervisor ask for documentation of the incompetence. Not only will this confirm the supervisor's opinion, it will protect you in the future if the employee challenges your decision. Is the firing for a valid reason? You can get into serious trouble if you fire an employee for the sole reason that they have informed authorities that you are violating laws designed to protect workers' rights and safety. The ramifications of violating a "whistleblower" statute are far greater than the cost to you of having to retain (and maintain a relationship with) an employee who accuses you of wrongdoing.

SEIDU ABDUL-RAUF
by SEIDU ABDUL-RAUF , ERP Cordinator , SAVANNA DIAMOND CEMENT COMPANY LTD.

The employee inability to do his/her work satisfactory and also an employee's misconduct

Pathan Shafaat Ahmed Khan Khan
by Pathan Shafaat Ahmed Khan Khan , Foreman, Mechanical Maintenance. , KNPC

Termination may be on the  basis of poor performance or misconduct. Employee should be given warning. He should be given a chance to explain his position. if not satisfied.Incase of misconduct,case should be referred to HR for further desciplinary action.

Incase of poor performance, he should be given warning letter, telling him that his explanation is not acceptable. He should be given clear, realistic, quantifiable targets to achieve, in a specified time frame. Failing to achieve the targets, matter should be refferred to HR, with all the reports, for desciplinary action. 

They in turn will consult with legal department to confirm if all requirements are fulfilled for termination. Incase of any discrepencies, matter will be referred  back to origination department, otherwise termination orders will be issued.

Mostafa Kotob Kotob
by Mostafa Kotob Kotob , Customer Service and Project Management Expert , Hill International for managing the Risk

First It depends on the contrat category between the employer- employee then;

The termination should be against "misconduct" and following stepts must be taken:

1. the provisions and governonce of the local labour law.

2. Preliminary Enquiry 

3. Issuance of Charge Sheet / Show Cause Notice / Explanation Letter

4. Issuance of enquiry notice / Appintment of Enquiry Officer

5. Conduct enquiry and provide opportunity for cross examination

6. Termination / Punishment if found guilty 

Gaurav Upadhyay
by Gaurav Upadhyay , Service Delivery Manager , V2Solutions

  1. Throrough Investigation of all aspects leading to the 'cause' of termination. 
  2. Need to check if the employee is being terminated on performance or disciplinary grounds - whichever the case is - there has to be written information/ feedback provided by his immediate manager/ supervisor about all such instances in the past.
  3. Ideally the employee should have been given a chance to improve on his performance parameters in question, i.e a well documented action plan with specific goals/ targets to measure success.
  4. The sign off needs to be taken from employee and the respective manager on the coaching plan. 
  5. When there has been no improvement on the mentioned parameters the termination clause will not trigger any wrongful discharge claims. 

These few points should make the 'termination' process clear and transparent; it is never an easy discussion to have but atleast fairness of the procedures before arriving to this stage and clear policies at the org. level will leave no doubts in the employees minds. 

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