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- Proper Way to Terminate Employees with Performance Issues without Violating Title VII of the Civil Rights Act
Proper Way to Terminate Employees with Performance Issues without Violating Title VII of the Civil Rights Act
Employers have always avoided the termination either because it is not easy to terminate someone or because it can be difficult to defend any allegations of wrongful termination. Cases of wrongful termination have emerged and increased since the late 2000 year. Research has identified the following factors in this increase: Employees more aware and knowledgeable of the workplace rightsEmployees taking chances of making “a killing” by charging discriminationEqual Employment Opportunity Commission (EEOC) establishing increased awareness on how employees can make these chargesNew whistleblower protections for employees who turn in EmployersMore resources on websites by the Department of Labor (DOL) providing employees with ways to confirm if Employers are violating current regulationsBecause of these and other factors, Employers are now more than ever, at risk of litigation against termination decisions. The EEOC has established definitions and guidelines of what constitutes discrimination and what employees are part of “protected classes” and discrimination claims. Now that there have been additional protections under EEOC, Employers should consider these regulations and prepare for those potential risks.Employers need to be aware of the cost of these actions via litigation, fines & penalties and even criminal sanctions. Employers need to ask if they have the protections they need when they make decisions on termination, reduction in force, demotion, suspensions and disciplinary actions.DOL and EEOC regulations and guidance on discrimination and wrongful termination allegationsWhat disciplinary actions should lead to termination and which should not?What certain allegations by employees should be prioritized and handled expeditiouslyHow much money in fines & penalties can be levied against an Employer?The Civil Rights Act and discrimination allegations casesFactors that may influence a wrongful termination casePunitive damages and criminal sanction in these casesLearning ObjectivesLearn how employees should be terminated with dignity respect and within regulationsLearn how to mitigate wrongful termination allegations before they happenCreate a termination checklist that will reduce your risk when making a decision to terminateGain knowledge of the EEOC regulations and guidelines to prevent allegations of discrimination or wrongful terminationUse training of your managers to reduce your risk since you can be held liable for Managers/Supervisors with bad management and poor judgment in handling employeesWho Should AttendHuman Resources professionalsEmployersManagers/SupervisorsExecutivesCompliance professionalsBusiness ownersProfessionals who handle employee relations issues