15 Termination Employee termination is often the a capable employee), the greater are her last step in an unsuccessful attempt to rights to the job. help a worker meet work standards. Perhaps a better analogy is that of Clear management implications include workplace divorce. Like in divorce, the the cost associated with the selection parties involved can choose to be and training of a new employee; the combative or cordial. While it is a effect the termination may have on the mistake to take any analogy too far, morale of the discharged employee as there are other aspects of marriage that well as those who remain; and the merit comparison: both parties share consequences on unemployment some responsibility for having chosen insurance costs. each other, and for making the Terminating personnel has been relationship grow and succeed called the “death penalty of afterward. employment.” Employees readily accept From a legal perspective, firing an an employer’s right to choose who to employee may lead to wrongful hire (as long as no illegal discrimination termination charges. In the past, the “at- takes place). Once hired, however, most will doctrine” controlled most workers feel an employer’s right to fire terminations in the United States. For should be limited: the longer a person is instance, the California Labor Code permitted to stay on the job (even if not states, “an employment, having no 192 • L A B O R M A N AG E M E N T I N A G R I C U LT U R E : C U LT I VAT I N G P E R S O N N E L P R O D U C T I V I T Y specified term, may be terminated at the you.” Some have taken the extreme will of either party ...”1 Employers had position that even the term the right to fire an employee at any time “probationary period” may imply a or for almost any reason. Likewise, the hurdle giving employees rights to employee could quit “at will.” At-will permanence once it is passed. With time, termination rights have eroded however, even those employers who do substantially, however, as a result of not have a formal probationary period both statutory provisions and court eventually come to “own” their cases. employees. The longer an employee There are both management and works for a farmer, the more the farmer legal implications of terminating an has implied that this employee has employee. Even when taking such “passed the test” and is able to do the drastic action, a farmer who has required work. followed the process outlined here and Even though personnel policies were in Chapter 14 can sleep better at night. “not expressly bargained for by the Such a farmer knows the worker was employees at the time they took their fully aware of the unwanted behavior jobs,” courts have reasoned “they are and its consequences—yet still decided enforceable because they give the to engage in it. employer a benefit. What is the benefit? A stable, loyal work force.”2 Erosion of the “at-will” doctrine Having a probationary period is a fine idea if there is a structure set up to Both public policy and litigation carefully appraise the performance of have combined to erode the “at-will” the new employee before the period doctrine. The law prohibits the expires. An employer ought not feel discipline and termination of employees forced to make a pass/fail decision at the (just as it does in other aspects of the time. Just as viable is to extend the employment relationship) based on probationary period when such a protected factors, such as sex, race, age. measure is warranted. Only then is a Nor can employers retaliate against probationary period meaningful to the workers who have turned them in employee and a positive tool for (whistle blowing) for violations of management. public policy. In states where agricultural labor can “At-will” vs. “just cause” policies unionize, both union and non-union workers alike are normally protected by Most labor attorneys and consultants the exercise of their rights to “protected are advising growers on how to guard concerted activity.” Any time employees their “at-will” rights. They suggest farm act on behalf of two or more persons to employers include “at-will” statements request better working conditions or pay, in job applications and employee they are protected from recrimination. handbooks and eliminate any reference The farmer is under no obligation to to job security. comply with the request, however. Typical at-will statements include: Promises or statements made to “We reserve the right to fire a worker at workers when they are hired, in any time, with or without cause,” and conversations with supervisors, and in “We reserve the right to terminate an employee handbooks have also given employee at any time and for any rise to much litigation. If farmers use the reason, just as the employee has the term “permanent employee,” instead of right to quit at any time and for any “regular” or “non-seasonal,” for reason.” These right-to-fire affirmations instance, they may end up with the are intended to make clear to arbitrators worker as a permanent fixture. and judges that the farmer has not given Likewise, a farm manager may also away any legal rights to terminate at- have to defend the right to fire an will. employee if he tells him: “as long as To successfully defend an “at-will” you do a good job we will have work for policy, farmers cannot simply hide the T E R M I N AT I O N • 193 policy in the fine print of an application manager reported that “several employ- or handbook. Nor can they have it both ees grumbled and complained to the ways by maintaining a written “at-will” [owner] about being told that they could policy while they contradict it verbally be dismissed for no reason [and that] or in practice. The courts may construe one employee went so far as to hand out the oral promises to be a waiver of the fliers which are printed from the ACLU written policies. website calling for legislation requiring Plastering “we-can-fire-you-when- for employers to have cause for all we-want” statements on applications and dismissals.” Soon thereafter, the owner handbooks can have a negative effect. In decided to retract the policy, but much their zeal to protect farmers from of the damage had already been done.6 wrongful discharge suits, attorneys may In contrast, a just-cause approach is be inadvertently encouraging employers likely to increase fairness and thus to violate management principles with reduce the number of wrongful serious consequences. Workers may feel termination suits. Employees do not subjected to arbitrary treatment and a have to be distracted by a climate of lack of job security, the very reasons uncertainty and fear. A just-cause often leading workers to unionize philosophy does not mean workers despite good wages.3 Furthermore, cannot be terminated. It does, however, “union organizers sometimes say that force the grower to better manage his employers’ personnel practices are the human resources by informing unions’ greatest organizing weapon.”4 employees of sub-standard performance I have for years spoken against “at- and, when appropriate, by giving them a will” policies. In 1985, I predicted that chance to improve before being ousted. these policies would have a negative A recent trend has been to establish effect on employee morale, and that the binding arbitration to work out cases of almost hidden one-liner would just worker termination. The remedies Once the decision to simply not be enough.5 My fears have imposed by an arbiter are binding on not been without foundation. Beginning both parties. Advantages of arbitration terminate has been made, it in the late 1990s many attorneys began over judge and jury rulings include (1) is best to proceed fairly to suggest that the one line become a faster decisions;7 and (2) costs may be quickly rather than putting it paragraph. More recently, one manager limited to back pay and reinstatement, explained that her lawyer had tacked on while avoiding punitive damages.8 off until after the busy a lengthy notice (over a page) to the at- Another very popular movement, one season when it will be more will policy, and required employees to with a great possibility of success, is the convenient. acknowledge these changes. The increase in the use of alternate dispute Jesús Valencia 194 • L A B O R M A N AG E M E N T I N A G R I C U LT U R E : C U LT I VAT I N G P E R S O N N E L P R O D U C T I V I T Y been very effective, rather than those who used to be excellent but have slowed down for reasons other than age or sickness. The farm employer, in the latter case, would do well to find such workers jobs around the farm that they can still do.) FIRING WITH DIGNITY The first time he fired someone, one manager9 explained, it took him two hours and the process was excruciatingly painful for both himself and the affected employee. Over time, he got “so good” at dismissing employees that “somewhere between the time they entered his office and walked across to take a chair,” they were fired: “We brought you in to discuss some difficult matters. We know you are not happy here, that you are not happy with your performance ... We are not happy resolution, where elements and with it either, and feel you can do better The words firing and dignity strategies of mediation are used rather elsewhere. So today we are going to part than those of arbitration or litigation. company and we are going to wish you hardly belong together. good luck. Here is a severance check One dairy farmer confided that half Nevertheless, there are a few an hour after he had hired a milker, it and a letter of recommendation we want principles we can keep in was obvious this employee was the you to have, along with what we owe slowest one he had ever hired. This you. We want you to take the rest of the mind that will help preserve a day off on us, and here are twenty bucks worker had sold his home elsewhere and certain amount of dignity to moved to this town. The dairyman felt so you can treat yourself to a nice that employee we are ready understandably guilty about letting the lunch.” employee go. When I heard the case, the What goes around comes around, to let go. and this same manager reports that when worker had already been at his dairy for three months. A simple job sample test it was his time to be fired he found “the would have shown this worker should box” on his desk. Everyone knew the not have been employed for the position. dreaded box was given to soon-to-be The dairyman shared the responsibility dismissed employees to fill with their for having hired such an employee. personal belongings. Moments after To recap, the longer an employee is entering his office and contemplating permitted to stay, the greater the “the box,” he received a phone call from responsibility of the farm operator for his supervisor: “See that box on your that employee. In cases where farmers desk? Get your belongings, report to hire employees without testing them, payroll ... We’ll give you a ride home.” and these workers turn out to be The words firing and dignity hardly incapable of doing the job, it is good belong together. Nevertheless, there are practice to provide such employees a few principles we can keep in mind severance pay. This may range from a that will help preserve a certain amount token amount for seasonal workers who of dignity to that employee we are ready have worked for less than a couple of to let go. days, to a more substantial amount for Persons who suffer job loss may go year-round employees who have been through predictable emotional stages with the farm for a long time. (We are that may include lowered self-esteem, talking about employees who have never despair, shame, anger, and feelings of rejection. The greater the positive T E R M I N AT I O N • 195 feelings the employee held towards the can land a farmer in court. So can giving supervisor, farm enterprise or job and negative references. Workers who lose the longer the period of employment, the their jobs and cannot find other more poignant these feelings may be. employment are the ones most likely to Before discussing the details of the file charges. Because of this, a farmer termination interview, we need to may prefer not to disclose the reasons assume that the decision has already for the termination to others—for been made with much care; that it will maximum benefit, workers need to be not be a surprise to the worker (it is vital notified of this policy.10 The terminated that the employee has previously worker can likewise be asked not to received an explicit written notice that discuss the issue with others in the his termination is being considered); that community or workplace, but reassured appropriate and well documented that it is his decision to make. disciplinary, counseling and coaching After the termination, management measures have already taken place; and must encourage personnel who have that you are working with the help of a questions to speak directly with the qualified labor attorney (there are legal employee. It is sometimes hard to resist questions to be answered at every step) the temptation of broadcasting and labor management specialist. management’s side of the story. If it has become clear that the Employees who remain with the firm employee ought to be terminated, how will reason that the confidentiality and and when does one best face the dignity afforded to a co-worker is but a employee to deliver the bad news? A reflection of how they themselves may few decisions need to be made before be treated in the future. The principle actually meeting with the employee. that “your good name is safe in my lips” This is one of those situations where needs to be followed. there is no substitute for total One employee who could not find a preparation. new job hired a detective to determine why he had been terminated. In the Pre-meeting decisions and interview the former boss did not spare preparation his negative feelings toward the The decision to terminate an Talking about termination after it employee. Equipped with the tape- recorded conversation, the ex-employee employee should be made happens. A major concern of people who are terminated is the fear of what took the employer to court, and the jury with much care. will be said about them behind their awarded him $1.9 million.31 backs. It is a good policy to reassure workers that except for the management team involved in the termination, or others on a need-to-know basis, that the issue will not be discussed with employees. Once the decision is made to terminate an employee, those who supervise her need to be informed on a need-to-know basis. All individuals have to understand the importance of not talking about the situation with others, as well as coming across in a consistent manner (i.e., not giving mixed messages). Individual supervisors need to fight the temptation of saying things to the to-be-terminated employee that will only be understood later, in the context of the dismissal. Telling prospective employers the reason for an employee’s termination 196 • L A B O R M A N AG E M E N T I N A G R I C U LT U R E : C U LT I VAT I N G P E R S O N N E L P R O D U C T I V I T Y Recommendations. While there is a was a layoff rather than a termination, temptation to provide letters of why the employer hired someone else recommendation to terminated after dismissing an employee for lack of employees, these could be used against work. In contrast, employers who use the employer at a later date if they the “kitchen sink approach” and mention contradict the reasons for termination. every instance of misconduct may not Farmers are particularly vulnerable fare any better. At some point they may when they discharge an employee after have to prove each accusation.13 making positive comments to the worker Resignation or termination. Some during performance appraisals or by enterprises under specific conditions letters of recommendation at the time of permit employees to resign rather than discharge. In the event an employer ends be fired. It can make it difficult for up in court, he may be asked, “Well, Mr. terminated employees to find Grower, are you lying to us now or were employment when they have to put you lying then?” “fired” in job applications under “reason A letter explaining reasons for for leaving the last job.” When an termination and problem areas that led employee is given the choice to resign to the dismissal may be given to the or be terminated, this is considered as a employee. The tone and content of this case of “constructive discharge” and is letter, which may serve as the no different than a termination unless employee’s termination notice, needs to accompanied by a termination be expressed with care, much like the agreement (see below). Employers also disciplinary notice mentioned earlier. It need to make decisions about when they is a good idea to mention the worker’s will or will not contest former positive traits, and wish the worker employees’ decisions to apply for success. Have several persons proofread unemployment insurance. Employees the letter. A separate letter that sticks to may think that the only reason the the facts, such as the employee’s job employer is suggesting their resignation duties and length of employment, may is to save on unemployment insurance. be of use to dismissed employees Farmers who opt not to contest without compromising the farmer. One unemployment insurance payments area of exception is that of employees should make that clear to the terminated who have been terminated for issues employee. This may be done in writing related to violence in the workplace. A when using a termination agreement. former employer may be liable for not Termination agreement. An excellent discussing such issues if the employee is tool to avoid wrongful termination hired elsewhere partly based on a charges is the termination agreement reference, and later commits an act of with a severance package. Employers workplace violence. pay workers separation pay (e.g., 3 to 12 It is easy to see why in seasonal month’s wages, depending on length of agriculture a farmer may prefer to employment and reasons for the protect a worker’s feelings and tell him termination) in exchange for the he is being laid-off for lack of work. worker’s agreement to resign and not This is especially true toward the end of sue. These arrangements may require the season. Employers who keep the true very specific rules to be followed, and in reason for the discharge from employees some circumstances may not be may face serious problems, however. considered valid, so you will want to Some have suggested that workers may consult your attorney. Termination sue for wrongful discharge, in part, to agreements can be an excellent device, have a chance to find out why they were especially for those cases related to terminated, and in part to get a chance to general worker performance and tell the employer their side of the productivity. If the employer did not story.12 Employers who used layoffs as conduct a systematic selection process an excuse may be forced to explain why when hiring this individual (including they did not rehire the next season; or in the use of validated job sample tests), flagrant cases where a person was told it then the employer shares, as we said, the T E R M I N AT I O N • 197 responsibility for the poor performance. wounded, rather than get involved in a The same can be true if an employee has protracted disciplinary process. been permitted to perform at a lower Separation bonus. Employers expect than acceptable level for some time workers who quit to give two-weeks A potential tool to avoid without documented efforts to help the notice or more. The same courtesy is wrongful termination charges individual improve. Termination owed to the worker, except that it is agreements are most likely to succeed better to simply pay that time as a are termination agreements when the employee is aware that the separation bonus and give the employee with a severance package. organization is not pleased with her past the time to look for another job. It is Employers pay workers performance, and the realization does best to “relieve the employee of any not come as a surprise. Employees may further responsibility but to separation pay in exchange welcome the opportunity to resign now themselves.”14 When explaining this for the worker's agreement to with a few months of extra pay and their policy to the employee, the stress needs resign and not sue. self-esteem bruised but not as deeply to be placed on helping the employee Jack Kelly Clark 198 • L A B O R M A N AG E M E N T I N A G R I C U LT U R E : C U LT I VAT I N G P E R S O N N E L P R O D U C T I V I T Y Jack Kelly Clark concentrate on his future needs rather own office has some advantages in terms Thanking employees for the than on shuffling the person out of sight. of getting the employee to open up, good they have done is in When giving the employee a public places like restaurants should be good taste always, as well as separation bonus (or a more formal avoided. Some employees will not be severance package mentioned above), it able to hold back their tears or emotions bringing up the employee’s should be given after all appropriate and this puts them in a very awkward positive contributions and papers are signed and all ranch property position. qualities. A supervisor has to such as pickups, keys, two-way radios, Timing. Although timing is not computers, bank cards, and any always within the prerogative of find the right moment to pertinent passwords are returned. management, conventional wisdom make these positive Having a detailed checklist ahead of suggests that employees should be fired comments, however. This time of what these items are is early in the week and early in the day, important.15 The check, however, should and that the worst time to terminate an should not be done when it be ready as the employee may be able to employee is the day before a weekend could appear that the fulfill these requirements without delay. or holiday. When these principles are employee is being appeased. In some cases there may be mandated violated, the worker can only sit and delays to the separation pay related to stew and often cannot do anything the termination agreement. proactive in terms of checking for Choice of meeting place. A place of possible unemployment benefits or privacy where others cannot hear or looking for another job. observe the conversation works well. Termination early in the day has the There should be absolutely no telephone additional advantage that all the parties or other interruptions. Although involved are fresher and less stressed, choosing a more neutral place than your and thus can better deal with the T E R M I N AT I O N • 199 emotional issues and challenging task to someone other than the direct interpersonal communication.16 In an supervisor. The ideal, however, is for the informal survey, I found most workers direct supervisor to speak with the prefer to be let go at a time they can employee. Having a second member of collect personal belongings from their management present can serve several worksite in private, without having to important purposes: (1) there is an face co-workers. Being able to dismiss implication of unity in the decision, (2) employees earlier in the day, and the second person can act as a witness, privately, is generally easier to do with (3) in some cases a second person may field rather than office personnel. With possess interpersonal skills that may office personnel, the only practical help in the situation, and (4) having two approach is often to wait until near persons may reduce the likelihood of a closing time. If this is not possible, violent outbreak. rather than forcing employees to face After the main termination meeting, their colleagues, you may give them the paperwork issues can be delegated if option of having their personal there are questions that can be best belongings mailed to them. If the answered by someone else. Management employee chooses such an option, two may wish to offer counseling or people should be present when personal placement services to some employees, belongings are collected17 to avoid depending on the situation and length of charges of dishonesty. employment with the firm. At the time of dismissal, depending Pay and Papers. Pay, including any on the situation, employees who want to benefits and unused vacation, needs to say good-bye to co-workers can be be delivered on the spot. This is good encouraged, within reason, to call or business practice and frequently is the even arrange to visit the worksite at a law. Likewise, if an employee has later date. While few employees will earned part of a bonus, this should also take advantage of this offer, this policy be paid. It is better to err on the can help alleviate feelings of rejection generous side. If papers need to be and loss to terminated personnel. Of signed related to any continuing benefits course, there are circumstances where or other like matters, they should be former workers would not be welcome available right away. Any unfinished (e.g., those terminated for sexual paperwork can be taken care of by mail harassment, workplace threats, theft), rather than inconveniencing the but for most employees there is no need employee by requiring her presence at to create further artificial barriers by the job site. In the case of an labeling them as persona non grata. investigative suspension that results in Once the decision to terminate has termination, the employee also needs to been made, it is best to proceed fairly be paid for “reporting time”18 when she quickly. Some employers try to justify comes back to work for the final putting the termination off until after the termination meeting. busy season when it will be more Escorting the employee. When it is convenient. Yet, the longer the employee time for the employee to turn in ranch is allowed to stay on the job, the greater property, some employers escort the the implication that performance worker to his workplace. When sensitive challenges have been overcome. Further, matters are involved, or the possibility the poor performer is likely to be of sabotage exists, such a policy not distracted and be involved in a costly only protects the enterprise but also the mistake or serious workplace injury. employee. It is human nature to blame Significant legal issues may surface others, especially the terminated when a worker is fired shortly after employee, of having caused anything filing a workers’ compensation claim. that goes wrong around the period of his Who should terminate the employee? termination. Of course, this needs to be Terminating an employee is stressful explained to the employee. In cases and takes effective interpersonal skills. where termination decisions are being There is a temptation to delegate this considered during an investigative 200 • L A B O R M A N AG E M E N T I N A G R I C U LT U R E : C U LT I VAT I N G P E R S O N N E L P R O D U C T I V I T Y suspension, employees may also be THE TERMINATION MEETING requested to turn in sensitive company property. It can always be returned later The meeting tone established by if the decision is made not to terminate. management should be one of cordiality Is the decision to fire final? Be and empathy. In some cases, the best prepared for some employees who may way to start the meeting is to say try to convince you that they can do something like, “You will probably not their jobs—that you need to give them be surprised to find out that things are another chance. A decision to terminate just not working out.” an employee is not a light one. It is The bad news can be given next. If important to make the decision with care there is any chance that the employee and then stand by it. does not understand why he is being Role-play. It is difficult to know terminated, the reasons should be what to say and how to react in a explained now. Speaking to an employee termination interview. The supervisor about the reason for termination needs may wish to role-play and get coaching to be done calmly and with empathy, and feedback on the process. Notes may without gloating. This is not a time to go be prepared in terms of bullets and key into great detail, nor should there be thoughts, rather than something to be blaming, guilt trips, recounting read verbatim to the employee. everything the worker ever did wrong, or to overly dwell on the reasons for A just-cause approach (in termination. Here, less is better than more. The supervisor who has followed contrast to at-will) means a proper disciplinary process will have employees do not have to be little to add at this time—but should distracted by a climate of encourage questions. If there is no one specific reason why the employee is uncertainty and fear. being terminated, but rather a combination of factors, then a brief statement to that effect would be appropriate. Two common mistakes at this stage are when the supervisor (1) is so vague that the employee does not know he has been terminated; and (2) talks too much. Silence can make interpersonal situations uncomfortable, and in an effort to fill this silence, the supervisor is likely to say more than he should. No matter how prepared the employee is for the termination, the moment will, nevertheless, be disconcerting. The employee is likely to be torn with feelings of incredulity, numbness and various other emotions. A person is likely to tune everything else out as numerous thoughts crash against her mind. How will I tell my family, friends and acquaintances? How will I make ends meet? What will be said behind my back? Agrogestión, Fundación Chile The focus of the supervisor should be to encourage the employee to verbalize any feelings, up to a point. The supervisor may encourage the employee to speak by asking questions, such as, “I T E R M I N AT I O N • 201 am sure you have a lot on your mind. be done sincerely. When it is time to Are there any feelings or questions you indicate the interview is over, the want to share or discuss with me at this supervisor can stand and extend her time?” If the employee does not hand,19 and escort the employee to immediately answer, the supervisor empty his belongings. should resist the temptation to jump to Anything that reduces the totality of another subject. Even a couple of the separation is likely to be appreciated seconds will seem like an eternity to the by the terminated employee. Depending supervisor, let alone a sufficiently long on the degree of friendship developed pause, yet it is important to give the over time, a follow-up card or note, or a employee time to formulate an answer. phone call from time to time may help If the employee does speak, the the former employee through this supervisor needs to fight the even difficult transition. greater temptation to interrupt, defend or contradict (even when the supervisor may think the perspective is twisted). SUMMARY While stoic silence is not what is Employee termination is often the generally called for and could easily be last step in an unsuccessful attempt to counter-productive, the supervisor help a worker meet work standards. should remember that this is the There are both legal and management employee’s chance to do most of the implications to employee termination. talking and venting. The employee Two opposite approaches to should be listened to in an empathic terminations are “just cause” and “at manner and thanked for sharing her will.” Just cause requires more perspective. management preparation and control but Thanking employees for the good normally has a greater potential to they have done is always in good taste, reduce cases of arbitrary treatment, as well as bringing up the employee’s eliminating some wrongful discharge positive contributions and qualities. The cases before they happen. sincerity, or lack of sincerity, of these Where the employer shares some of comments will be easily felt by the the fault for the employee’s poor terminated employee. A supervisor has performance, a termination agreement to find the right moment to make these can be a very powerful tool. Such an positive comments, however. This agreement may meet some of the needs should not be done when it could appear of the employer and the terminated that the employee is being appeased, or employee. while the employee is crying. Furthermore, if these things are brought up too early in the meeting, there is a CHAPTER 15 REFERENCES danger that either the employee may misunderstand the nature of the 1. California Labor Code (Article 4, Section meeting—and somehow think he is 2922). being called into the office to be 2. Herman, J. (1981, March 12-13). Company Policies And Procedures (p. commended—or think that you may be 25). In Proceedings of the 1st Annual talked into giving him another chance. Agricultural Personnel Management One supervisor reported, for instance, Forum. Ventura, California. that the right moment for the positive 3. Sagaser, H. A. (1982, March 11). comments came as he walked the Presentation to the Agricultural employee to his pickup. Perhaps a good Leadership Group. Fresno, California. way to start is, “Before you leave, I did 4. Milkovich, G. T., and Boudreau, J. W. want to thank you for ... and compliment (1994). Human Resource Management you for ....” (7th ed.) (p. 662). Burr Ridge, Illinois: Irwin. Some words to the effect that the 5. Billikopf, G. E. (1985, March 16). At-will terminated employee is likely to be doctrine may erode workers’ morale (p. successful elsewhere, despite the lack of 32-H). California Farmer. This article match here, should be offered if it can was also published by several other farm 202 • L A B O R M A N AG E M E N T I N A G R I C U LT U R E : C U LT I VAT I N G P E R S O N N E L P R O D U C T I V I T Y journals, including Sun-Diamond 14. Davis, A. (1999, August 23). Personal Grower (1985, February/March) (p. 12), communication. HRnet forum. Western Grower and Shipper (1985, 15. “Parting Ways: Effective Termination April) (p. 20), and Stanislaus Farm Techniques” Preparing for a Termination News (1985, April 5) (pp. 7, 12). section. Online Women’s Business 6. E-mail communication with a manager, Center at http://www.onlinewbc.org/. who is a member of the HRnet forum Linked from Carter McNamara Free (2000, May). Quoted with permission. Management Library 7. Jory, J. (1994, March 17). Law offices of http://www.mapnp.org/library/ Jory, Peterson, and Sagaser, Fresno, 16. “Setting up the termination meeting” California. Using Mediation and CCH Inc. Go Business, Business Arbitration as an Alternative to Owner’s Toolkit at http://www.go.com/. Disputes, University of California Linked from Carter McNamara Free Agricultural Extension seminar. Merced, Management Library at California. http://www.mapnp.org/library/. 8. Sagaser, H. A. (1989, November 21). 17. Managing people: How to fire an Telephone communication. Law offices employee. BusinessTown.com at of Jory, Peterson, and Sagaser, Fresno, http://www.businesstown.com/people/fir California, and Mesnier, J. E. (1989, ing-howto.asp Linked from Carter November 21). Telephone McNamara Free Management Library at communication. Law offices of Cronic, http://www.mapnp.org/library/ Moskovitz, Tidemann, and Girard, 18. Billikopf, G. E. (1993, August). Suspend Sacramento, California. Before You Fire (pp. 24-25). The 9. Scott, R. T. (1999, August). Personal Dairyman. For instance, California communication. Business Consultant. Labor Code requires employees to be 10. Schlei, B. L., and Grossman, P. (1983). paid when terminated (Cal. Labor Code, Employment Discrimination Law (p. Sec. 201). This final pay check should 607). Washington, D. C.: Bureau of be for all wages owed, including National Affairs Inc. reporting-time pay and pro-rated 11. Stricharchuk, G. (1986, October 2). Fired vacation pay. Employees Turn the Reason for 19. “Termination Checklist” Dismissal Into a Legal Weapon. Wall FindLaw.SmallBusiness at Street Journal. http://smallbiz.findlaw.com/tools/trmntp 12. “What to do at a termination meeting” _m.stm. Linked from Carter McNamara CCH Inc. Go Business, Business Free Management Library at Owner’s Toolkit at http://www.go.com/. http://www.mapnp.org/library/. Linked from Carter McNamara Free Management Library at http://www.mapnp.org/library/. 13. Schlei, B. L., and Grossman, P. (1983). Employment Discrimination Law (p. 607). Washington, D. C.: Bureau of National Affairs Inc.
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