W5: Terminations & Performance and Progressive Discipline

Question 1

What are the three types of termination?

Answer 1

Voluntary Termination
Involuntary Termination
Constructive Discharge

Question 2

Which type of termination is most likely to result in legal action?

Answer 2

Involuntary Termination

Question 3

What is constructive discharge?

Answer 3

When employers create intolerable work conditions to force employees to quit or attempt to obtain resignations when terminations are impending

Question 4

Under constructive discharge, courts will construe the resignation as an…

Answer 4

involuntary termination

Question 5

Progressive discipline is…

Answer 5

a graduated system of discipline that addresses below standard performance to redirect performance to acceptable levels

Question 6

What is the purpose of progressive discipline?

Answer 6

-make employees aware of their unacceptable performance
-focus on behavior that needs to change and not the personality
-counsel employees
-communicating consequences
-treat employees consistently and fairly

Question 7

What is the process of progressive discipline? (4)

Answer 7

-Verbal Counseling Meeting
-1st Written Warning
-2nd Written Warning
-Termination or other Actions

Question 8

What is important to do throughout the process of progressive discipline?

Answer 8

to document

Question 9

What is the goal of performance management?

Answer 9

to guide and influence employee behavior to continuously develop and align with organization goals, driving individual and organization success

Question 10

What is an example of a performance issue that not require progressive discipline but immediate action?

Answer 10

When somebody violates a work rule
-stealing/violate company property
-drinking/drugs on job

Question 11

When does performance management require progressive discipline?

Answer 11

when standards fall below standards

Question 12

Employee at Will (non-union)

Answer 12

an employee without a contract of employment for a specified term can be terminated at any time for any reason; i.e., good, bad, or no reason

Question 13

Express (Actual) Contract

Answer 13

contracts of employment that are negotiated, executed in writing, signed, and specify a particular term of employment.

Question 14

What does an employer need to terminate somebody under an actual contract?

Answer 14

Burden of proof

Question 15

Implied Contract

Answer 15

Specific promises unknowingly or unwittingly made to employees regarding their employment, must be honored.

Question 16

With an implied contract, burden of proof is on the…

Answer 16

employee

Question 17

Implied contracts limits ability to terminate at will by

Answer 17

making or inferring promises of job security. written or oral statements made by employers can become enforceable contracts

Question 18

What is a written statement incorporated into various important employee documents “disclaiming” or denying that any statements in those documents create contractual rights binding on the employer?

Answer 18

Disclaimers

Question 19

Disclaimers must be: (3)

Answer 19

-clear and specific in language
-presented in a prominent and conspicuous manner
-communicated to employees, with receipt of the info acknowledged in writing

Question 20

What types of employees enjoy greater protection against wrongful termination than at will employees?

Answer 20

-unionized employees
-public employees
-workers in Montana
-individual contracts
-recently reinstated from military service

Question 21

Just Cause/Due Process

Question 22

Alternative approaches to termination (5)

Answer 22

retrain
transfer
demote
suspend
last chance agreement

Question 23

Termination Process

Answer 23

Investigate
Place EE’s on Admin Leave(if necessary)
Document reasons & process in detail
Provide EEs with clear reason for termination
Avoid making public statements about termination
Treat terminated EE’s & process in dignified manner