Whether your company has 5 or 500 employees, it’s important to conduct a regular review of your human resources and benefits-related notices, records and procedures to ensure compliance with the law and prevent potential liabilities and employee lawsuits. The checklist below features key steps for evaluating your management practices to help keep your company HR compliant.
Part V – Employee Discipline and Termination
- All policies and procedures for handling employee disciplinary actions and investigations are clearly defined, written and communicated to employees as appropriate.
- All matters involving employee discipline warnings, investigations and terminations are carefully and accurately documented, and related notices are reviewed on a regular basis.
- Termination meetings are conducted to inform the employee of the termination, discuss the return of company property, deliver the final paycheck and facilitate the employee’s departure. A summary of the meeting and any related information is prepared and placed in the employee’s personnel file.
- Departing employees are provided with a written summary of accrued benefits and notices regarding post-termination benefits, including, where applicable, compensation for vacation and sick time, continuation of health coverage, severance pay and 401(k) plan information. Be sure to comply with any applicable federal or state requirements.
- Policies are in place for collecting keys and other company property from the terminated employee and confirming that access to computer systems, email and voicemail are deactivated.
- Final paychecks are delivered at the time of termination or as otherwise required by state law.
- Neutral references confirming a former employee’s position held and dates of employment are available upon request in accordance with company policy.
Review all discipline, investigation and termination procedures for compliance with applicable federal and state laws and enforce them fairly and consistently.
Please note the above list is not all-inclusive. If a HR assessment reveals violations and they are not subsequently corrected, your company could be at risk for costly fines or lawsuits.
If you have any questions regarding your obligations under the law or about best practices when it comes to HR compliance, please consult with a knowledgeable employment law attorney for individualized guidance.
Source: HR 360, Inc.
