Employee Hiring & Termination Policies
The Civil Rights Act of 1964 is regarded as the milestone for equal employment requirements in place today. This law has been expanded over the years to cover other specific areas such as recruiting, employee selection, compensation, benefits, training and termination practices. The Federal laws regarding discrimination are enforced by the Equal Employment Opportunity Commission (EEOC) and pertain to any employer with "15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year."
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Legal Hiring Policies
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Always Use Legal Interviewing Questions Companies use various resources--Internet job boards such as Monster, ads in newspapers, company websites, job fairs at colleges and universities--to recruit employees. Any resources used must be in compliance with the EEOC laws. For example, candidates may not be discriminated against based on age, race, sex, religion and country of origin. Company policies may be developed to prohibit any type of discrimination in the hiring phase, such as illegal interviewing questions --reference to age, marital status, number of children, year of high school or college graduation, disabilities, arrest records, health care issues--and stereotyping of height and weight, such as overweight people are lazy and in poor health.
Legal Interview Questions
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Some questions related to the job description (job responsibilities and duties) are considered bona fide occupational qualification (BFOQ) requirements. For example, a candidate applying for a bartender position must be 21 years of age to serve alcoholic beverages. A legal question may be "are you over the age of 20." If a company requires work on the weekend, instead of asking about a candidate's religious affiliation, a legal question may be "this job will require work on the weekend. Are you able to do so."
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Immigration Act Requirements
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The Immigration Act requires documents that establish identity and employment eligibility. The Act addresses illegal immigration into the United States and prohibits employers from knowingly hiring or to continue to employ persons who are not legally authorized to work in the US. Employers are required to complete a form (I-9) for all new hires within the first three days of employment. Employers are also required to review acceptable documents--driver's license, Social Security card, valid passport, voter registration card, original or certified copy of birth certificate. These records must be maintained for three years from date of hire or one year after termination date.
Legal Termination Policies
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Terminations also fall under the EEOC laws and wrongful termination--employee terminated for a reason that is considered unlawful--lawsuits may be filed by employees. Therefore, companies may have clearly defined, written policies that have been reviewed by a corporate attorney or other legal entities. Many reasons for termination--performance, downsizing or lay-off, behaviors or actions that place other employees in jeopardy. Regardless, policies should be adhered to in any termination situation.
Documentation of Discipline
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Each time an employee is disciplined, there should be written documentation regarding the issue, the discussion, the action plan (how to correct the situation) and follow-up. Dates and times are critical and can be used to defend the employer in wrongful termination cases. Company policy may address the discipline process, including levels (verbal, written, ultimate termination) and procedures for dismissing the employee from the company, such as cleaning desks, collecting keys, computers, computer access, canceling access cards to company entrances, files.
Termination Meeting
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Termination meetings should be conducted with a member of human resources--department that handles employee business--and be handled in a professional manner--no attack of character, inappropriate language, accusations. A termination script may be written that is short and to the point. It may include the "employment at will" phrase indicating that the employer and employee have rights to terminate at any time for any reason. The termination policy may also require a member of security be present to escort the employee from the building.
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References
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Comments
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Civil right act of 1964 is regarding as milstone of employees requirements in place 2day......& Legal termination policies should be fall under EEOC(Equal Employment Oppurtunity Commission) & EEOC clearly defined undes this act............reasons of termination may behalf on.....1.Performance basis(very poor with evidence) 2.downsizing and layoff 3.behaviour and action that place with other employees else.
