HR Termination of employment, leaving a job or separation of employment policy can be divided into three types.
- When a boss fires his employee for certain reasons,
All states in America follow the employment policy, except Montana, which means that the employer or employee can terminate the relationship without notice at any time. for sure, this employment will vary from state to state. with respect to other countries, the united states is a different country in that employees can be terminated without any cause or reason. In this article, we are going to see about HR Termination Policy.
The types of termination
- Voluntary termination includes normal things like resignation and job abandonment, but the most common cause is unfulfilling job satisfaction, where some employees give a legal notice of 1-2 weeks, while others just abandon the job as is allowed in the united states.
- There are two types of this ternary with and without case where the points like conduct violation and poor performance come under the first one. the other one consists of medical reasons or employee cutting or simply not being right for the job.
For medical purposes, the employee can exercise his right to be informed when his employer is willing to change him because he cannot attend the job due to federal and state medical policies for employees. therefore, the company has to take legal support for this.
Whereas employee cutting is the worst thing that can happen to an employee, the company does this to reduce any losses the company’s bearing, which was the case last year where thousands of people lost their job due to the pandemic.
- The date of termination policy of an employee is two weeks after he/she has given the notice of resignation, because the final pay concept is tricky in some states, where some states say that if an employee applied for resignation in the first week of a month, he/s
- now, sometimes, when an employee is working at a company, he/she is not treated very well due to some reasons. while mainly in the usa, blacks are not welcomed very well, so there is a policy where it’s written that you must treat your employees with respect and dignity.
Now let us just take a moment and understand the two definitions, which are:
- Progressive discipline policy: this is defined as a method of making the employee aware of his/her workplace behavior or performance by giving him/her feedback.
- this statement means that when an employee gives the notice, the company can immediately terminate the employee by paying him his final salary and doing no wait for the notice period to end, thereby freeing the company from the risk that the employee will sabotage the company‘s respect and image.
Now we will discuss the policies of the usa based on hiring checks:
- medical examination: medical examinations can be asked by the employers, however, it is not mandatory but on the employer’s wish and mostly asked on the type of job duties, for example, if someone is hired for lifting heavy objects, then eye and hand coord
- many employers ask for this background check, and this check is under pressure as there are strikes going on to take this check out because some employers make bad use of it for e.g. the employer puts pressure on black people to perform this check because the employer believes they are related to any african american democratic group.currently, 14 states, such as california and ohio, have limitations for this check.
Now let’s just go through an important part:
Employees’ legal disputes
In the us, employees can challenge the termination as they have a huge number of options. therefore, the us judicial system is filled with these kinds of cases as they don’t have any special labour courts like in other countries.
The discrimination may be based on race, cast, religion, disability, national origin, and the person going through this can file the charge through various acts like the civil rights act or ada.
And there is another act called the equal pay act, where men and women can charge against the company that if a man and a woman are working at the same grade and if one has less pay than the other, he or she can charge under this act.
Recovering a resignation
Some of the employees give notice of resignation and then, within the notice period, they change and tell the company to rescind their letter and they will continue to work for the company.
Now, at this point, the decision depends on the company and they take their decision regarding their policy.
Overall, employers have to be aware that the most important thing before terminating an employee is to look out for the legal implications and, most importantly, for employees who are protected under a contract.
The key point is that terminations are not accidents but planned events.