Question 5
An employee whose employment is terminated incurs several negative outcomes. First, he suffers a serious setback in terms of career progression, financial hardships, as well as, self-esteem loss. However, the organization also suffers consequences such as possible disruption in its production processes and delivery of services. It is crucial that an employer critically evaluates an employee’s impending employment termination to ensure that it is absolutely necessary and that it abides by the law. There are several questions that the employee or employer should ask himself or herself before terminating an employee. The employer should ask whether the termination was a violation of public policy (Pozgar, 2014, p 495). In addition, he should ask whether the employee violated procedures and policies that are outlined in the company’s administrative manual, the employee’s handbook or the HR department’s procedures and policies. The employer should also ask whether the termination was a result of an employee’s retaliation, for instance, refusal to commit an illegal task or questioning management practice. The other crucial question is whether the termination is capricious and arbitrary (Pozgar, 2014, p 495).
Termination could also be based on discrimination (McLean and Mason, 2003). Consequently, it is crucial that the employer asks whether the employee’s termination was a result of race, age, disability, religion, national origin, marital status or sex discrimination. The employer also needs to ponder whether the termination was a violation of any oral or written contract or whether it is consistent with the formulated reasons for discharge (Pozgar, 2014, p 495). An employee may have filed a lawsuit against the organization before because of different reasons, and the employer must ask therefore whether the employee is being fired as a punitive measure, which would be both be legally and ethically wrong. The employee should also ask whether the termination was fixed before the employee could appeal against it. The final question that an employee should ask himself and that is very crucial is whether the termination was indeed an interference with the rights of the employee as stipulated by the nation’s constitution.
Question 8
The actions that an employer can take in order to help reduce the necessity for discharging an employee
The termination of an employee has negative consequences on the organization and the employer, therefore, needs to take several steps and measures to reduce the necessity of discharging an employee (McCulloch, 2000). The main method of reducing this necessity and the most advisable one is to enact effective hiring practices (Pozgar, 2014, p. 500). Negligent hiring should particularly be eliminated. The organization should take all the steps to ensure that it avoids hiring employees who may prove to be problematic in future. Clear procedures and policies should on hiring; disciplining and eliminating employees should be put in place. Applications should also be designed in a manner that determines an applicant’s qualifications in a realistic way (Pozgar, 2014, p. 500). Hiring of employees who show signs of being hazardous to others should be done away with. This can, for example, be accomplished by reviewing the employee’s background including his previous job behavior. Once an employee is hired, constructive performance evaluations should be developed to re-in force good behavior in employees and provide instructions for the employees in areas whey they may need to improve. Progressive disciplinary policies should also be put in place (Pozgar, 2014, p. 500). It is also important to develop an employment contract language that is appropriate. If these measures are taken, it will significantly reduce the necessity for discouraging employees. This is because the organization will only contain employees that are conversant with policies and rules of the organizations and who do not do anything to contradict these and, therefore, do not warrant any reason for dismissal (McCulloch, 2000).
References
McCulloch, K. J., & Prentice-Hall, Inc (2000). Termination of employment: Employer and employee rights. Englewood Cliffs, N.J: Prentice-Hall.
McLean, S., & Mason, J. K. (2003). Legal and ethical aspects of healthcare. London: Greenwich Medical Media.
References
Pozgar, G. D. (2014). Legal and ethical essentials of health care administration (11th ed.). Burlington, Mass: Jones & Bartlett Learning.
