Discipline & termination

Discipline and Termination

Established Performance Management Strategy

Documents Every Step of the Process in Detail

Careful Communication at the Time of Termination

Why Choose Us

Flexible Support

Outsourced HR

Expertise

Service

Cost Savings

We guide managers and supervisors through the disciplinary process, assist them in documenting warnings and conduct terminations for them when necessary.

Despite at-will employment has become the norm in all states, terminating an employee remains a sensitive and uncomfortable matter. Aside from conversions about an employee’s dismissal, which are always difficult, numerous exceptions to the at-will employment rule exist, and workers still have substantial statutory protection.

An employee discharged for poor performance can sue their employer. It is not uncommon to allege discrimination or wrongfully invoke one of the multiple statutory protections. In the absence of documentation, employers can have a difficult time defending themselves. We can be your defense against such scenarios.

EnformHR ensures that your business has an established performance management strategy. The firm also assumes the responsibility of careful communication at the time of termination and documents every step of the process in detail.

Contact Us Today for Our Discipline and Termination Services

FAQs

Yes, you should have a policy in your handbook stating that you reserve the right to discipline employees at your discretion up to and including termination.

Such a policy will go a long way in helping reduce the risk of litigation and can form the core of more elaborate termination procedures governing both voluntary termination and involuntary termination.

In case of a voluntary termination, a termination policy can provide the necessary information an employee needs to obtain benefits and tie up any loose ends.

Involuntary termination can take either of these two forms: Reduction in Force (RIF) or Disciplinary Termination. Both tend to be associated with negative emotions. A documented termination policy can reduce the probability of conflict.

Yes, it is always safest to have an attorney’s advice.

In the real world, many businesses do not contact an attorney every time they terminate someone. It can backfire. In 2016, the Pennsylvania Superior Court sided with an employee who had repeatedly refused to work overtime. She was paid $121,869.93 in damages, and her employer had to reinstate her into her former position.

Such scenarios can be avoided if an employer consults a lawyer before proceeding with termination. In our case, when clients ask us if they can terminate an employee, we look at the offer letter, handbook, and performance documentation to help them make the call. We advise that it is always best to run it by an attorney, and if it’s a situation that could be particularly risky (such as issues involving discrimination, social media, etc.), we strongly suggest they obtain guidance and provide a severance agreement to the employee.

All states fall under the employment-at-will doctrine, which means unless you have a contract with the employee stipulating otherwise, you can terminate an employee at any time, for any reason, with or without notice or cause. There are exceptions, of course.

You cannot terminate someone in these scenarios:

  1. You do not like your employee’s age, national origin, sexual orientation, gender, or marital status
  2. Your employee is a specially-abled individual
  3. Your employee served in the military
  4. Your employee participates in an investigation related to discrimination or reports a legal violation
  5. Your employee avails his or her right to take time-off

This list is not exhaustive. There may be additional exceptions, depending on the state you are in. The safest course of action will be to consult an HR firm and adopt sound termination practices to avoid common pitfalls.

Yes, we will conduct the termination with the employee’s manager or other company representative present. We can also coach your team on how to conduct the termination themselves if you prefer to handle internally.

No, separation agreements, or severance agreements, need to be drafted by an employment attorney (we know plenty we can recommend who do a great job with this). The agreements can vary by state, an employee’s age, and the reason for separation, and if not written correctly, can easily be invalidated by a court of law.

"Cristina and her team are truly gifted HR professionals. One of the things I admire about them is the personalized service they give to each client, getting an insight into a company’s culture and strategic goals and then immersing themselves in the account. They have a special talent for balancing the company’s needs with employees’ best interests, and they earn the trust of business owners, managers, and employees alike."

- Melissa Oliver, President

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What People Are Saying About Us Online

Excellent
5.0
Based on 24 reviews
The folks at Enform HR are true experts in their field. They are also kind, reliable and eager to please. These are all the essential components of a great partner, which is what they have been to me and my business. They get my highest recommendation.
We hired EnformHR in the 3rd Quarter of 2023 and we are very, very satisfied with the service and value we have received. I run a mid-sized non-profit agency with close to 20 staff and we did not think that we were in the position to hire an HR professional on a part-time basis. What we got was essentially that, and more. Our consultant, Michael, now does our payroll, and is largely responsible for most HR functions that used to make me pull my hair out! I am much less worried now about compliance issues and our I am sure our EPLI provider is much happier too! Recommend highly. Dr. Bob Zlotnick, Atlantic Prevention Resources, Absecon, Mays Landing & Pleasantville, NJ.
I have been working with EnformHR for many years regarding sensitive issues as well as Employee Handbook implementation. I completely trust Cristina and her team when I need clarification with current laws. During this pandemic Cristina has been fast and informative giving us directions on handling employee issues. Thank you EnformHR, you're the Best!
EnformHR has been an exceptional partner for our company (of 155 employees) in the area of human resource management. From the moment we engaged their services, we experienced exceptional professionalism and expertise that exceeded our expectations. EnformHR has helped us revamp our company handbook, revise our employee evaluation forms, and given us timely advice on new employment laws and best practices. They are always very mindful and respectful of our budget.Their team of seasoned experts are knowledgeable, friendly, and always willing to go the extra mile to ensure our needs are met. Moreover, their timely service and attention to detail have resulted in a seamless and efficient process for us. We’ve seen a marked improvement in our HR processes since partnering with EnformHR.Overall, I highly recommend EnformHR as a top-notch human resource consultancy firm. They have delivered on all their promises and exceeded our expectations in every way. If you’re looking for reliable and professional HR services, EnformHR is the way to go!- Garden State Cold Storage, Newark, NJ
Cristina came in to a project with our agency that had been in the works for over 8 months without progression. She quickly, efficiently, accurately and cost effectively got the project across the finish line. I recently wrote on an EnformHR invoice, "WORTH EVERY PENNY!", true story. Highly recommend!
We have used Enform HR for several years, our company XCEL made a strategic decision to outsource our Human Resource Dept. and so glad we did. Cristina and her team are true professionals and have a vast amount of HR experience from guiding XCEL thru employee COVID issues thru complex human resource issues. I would highly recommend them !
EnformHR is a trusted partner to our organization, and has been instrumental in working with us to craft a customized approach to internal investigations and best HR practices. They understand our unique needs, and are a pleasure to work with!
Enform HR is very professional and is a crucial part of organization. They are an excellent source for all of our HR needs.
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