Proper Way to Terminate Employees with Performance Issues without Violating Title VII of the Civil Rights Act
HR Compliance Solutions, LLC Compliance Officer - Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. Margie currently provides compliance services for a large global data protection technologies company with International and multi-state locations with headquarters in Mountain View, California. A former Compliance Officer for a defense contracting technologies firm with a military base in Hawaii, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the following industries: Non-profit, construction, defense contracting and federal government, hospitality, military simulation, engineering, technologies, banking, homebuilding, hospitality, retail, real estate, criminal justice, legal system, commercial property management facilities operations and volunteer management. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie is working currently on International compliance initiatives like International Privacy Issues, Drafting & Implementing International policies, Reviewing and Amending Global Employment Policies, Cross-Border Reductions in Force and Restructurings, Multi-jurisdictional employee investigations, Global Diversity Programs, Expatriate Legal Issues and General Data Protection Regulations (GDPR). Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Is a member of the Society of Corporate Compliance & Ethics (SCCE).
Employers have always avoided the termination either because it is not easy to terminate someone or because it can be difficult to defend any allegations of wrongful termination. Cases of wrongful termination have emerged and increased since the late 2000 year. Research has identified the following factors in this increase:
- Employees more aware and knowledgeable of the workplace rights
- Employees taking chances of making “a killing” by charging discrimination
- Equal Employment Opportunity Commission (EEOC) establishing increased awareness on how employees can make these charges
- New whistleblower protections for employees who turn in Employers
- More resources on websites by the Department of Labor (DOL) providing employees with ways to confirm if Employers are violating current regulations
Because of these and other factors, Employers are now more than ever, at risk of litigation against termination decisions. The EEOC has established definitions and guidelines of what constitutes discrimination and what employees are part of “protected classes” and discrimination claims. Now that there have been additional protections under EEOC, Employers should consider these regulations and prepare for those potential risks.
Employers need to be aware of the cost of these actions via litigation, fines & penalties and even criminal sanctions. Employers need to ask if they have the protections they need when they make decisions on termination, reduction in force, demotion, suspensions and disciplinary actions.
- DOL and EEOC regulations and guidance on discrimination and wrongful termination allegations
- What disciplinary actions should lead to termination and which should not?
- What certain allegations by employees should be prioritized and handled expeditiously
- How much money in fines & penalties can be levied against an Employer?
- The Civil Rights Act and discrimination allegations cases
- Factors that may influence a wrongful termination case
- Punitive damages and criminal sanction in these cases
- Learn how employees should be terminated with dignity respect and within regulations
- Learn how to mitigate wrongful termination allegations before they happen
- Create a termination checklist that will reduce your risk when making a decision to terminate
- Gain knowledge of the EEOC regulations and guidelines to prevent allegations of discrimination or wrongful termination
- Use training of your managers to reduce your risk since you can be held liable for Managers/Supervisors with bad management and poor judgment in handling employees
Who Should Attend
- Human Resources professionals
- Compliance professionals
- Business owners
- Professionals who handle employee relations issues