Both processes – hiring and firing – are stressful for both parties involved. They both require careful review and documentation. Here are some pointers on what to document, and other thoughts on the process. This information is gathered from various sites providing human resource management information.
First, documentation for that personnel file: (this is an outline, not a legal list, as state & federal regulations change)
Employment application and resume
Letters of reference or other reference check documents
College transcripts
Job Descriptions (all, former and CURRENT)
Any other records related to hiring such as testing, statements of compensation rates and benefits
Record that Personnel Policy & Procedure Manual has been provided/reviewed
Education & training records during employment
Letters of recognition/disciplinary notices
Performance evaluations (should be at regular intervals)
Exit interviews
Termination records
If required, a current photo or copy of license
For more detailed information on legal aspects of employee file documentation check your state and federal Department of Labor sites. Do not included medical or insurance records, immigration forms, safety training records, child support/garnishment notices, litigation documents, workers’ compensation claims, EEO forms. These are maintained in separate employer files.
If the employee is to be terminated (and this event should only occur as a last resort or for legal violations) there are things you should review. In addition to the above list, there should be current copies available of policies listing unacceptable employee behaviors, the company’s right to discipline and terminate employees, records of disciplinary counseling and formal disciplinary action, and written documentation of any internal investigation related to the termination. These documents are all “discoverable” by the terminated employee, and therefore should be clearly written, accurate, and free of any inflammatory statements about the individual.
As mentioned above, the firing should not be done on the spur of the moment, and it certainly should not be a surprise to the employee. One important step is an independent review of the termination involving someone else in management, to assure that the firing is justified and legal under all applicable laws. On the other hand, if you have a problem employee and don’t deal with the issue, the end result is that your best employees might leave in frustration. A delicate balance, but important to consider.
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