This is Human Resource Management Training organized by G.O.L and hosted by US Embassy in Cairo

1. Part Six:
Managing Employee Behaviour
Issues
This section covers the following information from the
Knowledge Base:
Behaviors: 05. Respond to employee‘s questions or concerns about workplace
issues (for example, employment concerns, company HR
policies, complaints, retirement questions, payments)
06. Enforce HR policies and procedures (for example, explain and
make sure that employees comply with the employee handbook)
Skills & Knowledge: 04. How to handle conflicts (for example, addressing the problems
of individual employees and knowing when to involve senior
staff)
06. Issues of behavior in the workplace (for example, absences,
discipline, workplace violence, or harassment)
07. Methods for investigating complaints or grievances
Source: HR Certification Institute

2. Introduction 107
Discipline Process 107
Performance Problems 113
Investigate the Performance Issue 113
Conduct the Performance Meeting 114
Take Corrective Actions 114
Document Results 115
Complaint Review, Investigation and Resolution 117
Complaint Review 117
Investigating a Complaint 118
Alternative Dispute Resolution Process and Procedures 120
Dealing with Workplace Violence 122
Escalating Issues 123
Managing Employee Conflicts 124
Interpersonal versus Task Conflicts 124
The Cultural Components of Conflict 126
Handling Employee Terminations 128
Types of Terminations 128
HR Responsibilities with Termination Activities 131
Exit Interviews 131
Practice Questions 133

3. Introduction
Organizations have rules that define and govern the expectations and conduct of
both management and employees. Sometimes laws define and regulate what is
acceptable and what is not acceptable. When the rules are not followed,
organizations must rely on discipline processes to encourage employees to behave
sensibly and to discourage unwanted behavior.
For HR, having a discipline process in place helps guide the course of action
when issues arise. While it is impossible to anticipate every employee issue, HR
professionals who understand the basic concepts will know how to diffuse issues,
manage the employee relationship and formulate fair outcomes.
This section examines the following:
Discipline processes
Processes for complaint review, investigation and resolution
Performance problems
Methods for managing employee conflicts
Handling employee terminations
Discipline Process
In the context of HR, discipline is not punishment; rather, discipline refers to the
methods of management used to communicate and enforce appropriate workplace
behavior. Applying discipline in HR means clearly communicating to an
employee four important elements of information:
Employee‘s behavior or performance is not acceptable.
Employee‘s behavior or performance must change.
© 2014 SHRM 107

4. Describe standards of behavior or performance expected or required.
Potential consequences should the behavior or performance not change.
Informal discipline usually involves verbal communication or written
documentation that is not kept in the employee‘s file. More formal forms of
discipline usually involve more detailed documentation and mutual
acknowledgement that the discipline has in fact been clearly communicated and
understood. In all cases, the goal of discipline is to change behavior for mutual
benefit, not to punish.
Progressive discipline refers to a strategy of increasing the consequences when
an employee fails to change his or her inappropriate behavior. Plus, it also means
that the discipline applied should fit the seriousness of the situation. Because
progressive discipline requires systems and processes that are predetermined,
clearly articulated and applicable to all employees, progressive discipline is seen
to be fair, not arbitrary.
The ultimate consequence of discipline is the termination of employment. If,
however, the organization has followed and applied a progressive discipline
process, the positive outcome is that the organization‘s culture will value the fair
and respectful treatment provided to the employee, and in most cases the
organization will be able to defend its actions if the matter were eventually
challenged from a legal perspective.
A fair and just discipline process is based on three pillars as illustrated in Figure
4-1.
© 2014 SHRM 108

5. Figure 4-1. Elements of a Discipline Process (Dessler 2008)
Each pillar is described in more detail in the sections to follow.
Clearly Defined Rules and Regulations
When an employee is hired, he or she should review and agree to the
organization‘s rules, policies, procedures and code of conduct. Rules and policies
should be clearly defined along with terms that could be misinterpreted. Terms
such as ―poor performance‖ and ―gross misconduct‖ may require additional
definitions.
For some issues such as absenteeism, it is worth the effort detailing the
organization‘s policy and various procedures, so employees can differentiate
between paid time off, sick days, vacation days and unplanned absences.
© 2014 SHRM 109

6. A 2010 study conducted by Kronos/Mercer found that unplanned absences cost
employers a large part of their payroll budgets each year. Here are two statistics
from the study:
The total costs of all major absence categories, including direct and indirect
costs, average 35% of base payroll. These costs range from 29% for
exempt employees, 36% for nonexempt salaried, 39% for nonunion hourly
and 38% for union hourly.
Incidental unplanned absences also result in the highest net loss of
productivity per day: 19% versus 13% for planned absences and 16% for
extended absences (Kronos Incorporated 2010).
Proper attendance management begins with clearly, defined policies and
centralized, sophisticated record keeping to eliminate favoritism, lax standards
and compliance issues. When defining attendance and absenteeism rules, HR may
want to include the following in policy manuals or employee handbooks:
Expectations for employee attendance
Definition of absenteeism
Standards for lateness and absences
Procedures for unplanned absences
Attendance incentives
Laws related to attendance and hours worked
To supplement written policies and employee handbooks, HR may offer
supervisor training for managing employee attendance.
© 2014 SHRM 110

7. System of Progressive Consequences
A system of progressive consequences is the second pillar of effective discipline.
To ensure fair and equitable management practices, follow a progressive approach
to discipline. The approach may include a range of actions as outlined below:
Coaching or counseling: Efforts are made to ensure the employee is clear
on what is expected.
Retraining: Sometimes training can help employees correct the problem.
Verbal warning: A verbal warning serves as a notice of the specific acts
for which the employee is being reprimanded. Documenting the verbal
warning is always good practice.
Written warning: A written warning documents the history of the
problem and the previous actions taken by the employer. A written
warning should state the consequences of an additional violation. The
employee should sign the warning.
Suspension: In most cases you should suspend an employee before
terminating an employee. Sometimes suspension is also referred to as last
chance agreement (LCA). Suspension is evidence the employee was aware
of the criticality of his or her offense. Suspension actions should be
documented and stipulate the employer has grounds to terminate. An
example of a suspension notice is provided in Figure 4-2.
Termination: At this point in the progressive penalty process, the
employee is choosing not to comply, and the employer is following
protocol. A termination session may be required and will necessitate
detailed planning. (Muller 2009)
© 2014 SHRM 111

8. Figure 4-2. Example of a Suspension Form (Society for Human Resource Management,
Discipline: Notice of Suspension 2010)
Formal Appeals Processes
In addition to clearly stated rules and progressive consequences, the disciplinary
process should have an appeals procedure. Through an appeals process,
© 2014 SHRM 112

9. employees have the opportunity to challenge information used to issue
disciplinary action. The purpose of this process is to offer insight into other
circumstances that may have contributed to the employee‘s performance or
conduct issues (Dessler 2008).
Performance Problems
An employee stealing from an organization is a different issue from an employee
with poor performance. Handling a performance improvement situation works
best when the HR department and line managers work together. A manager may
not always perceive an employee‘s behavior accurately, and the HR department
can provide an impartial view of the circumstances and help the manager prepare
for and conduct a performance improvement meeting.
Corrective action for performance problems should not be thought of as punitive
in nature. It is an opportunity to correct unacceptable behavior and to reestablish
the relationship between the employee and the organization. By taking corrective
action early, an employee can improve performance, stay with the organization
and become a valued member of the organization.
Investigate the Performance Issue
Thorough investigations begin the process and precede corrective actions. During
the investigation, an HR representative and the line manager should talk with
witnesses and gather the relevant facts and specific details. They should also
review any related files and documents. It is important to maintain objectivity and
to keep the details of the investigation private and confidential.
© 2014 SHRM 113

10. Conduct the Performance Meeting
Conduct a performance meeting in a quiet, private location with no interruptions.
Bring relevant information related to previous problems or actions. When
conducting the meeting, do the following:
Present the facts in a straightforward fashion.
Clarify the specific performance issue and its significance to the
organization.
Give the employee a chance to explain his or her performance and explore
the reasons for the unacceptable performance, but do not argue with the
employee.
The focus of the first part of the meeting should be discussing the existing
situation and explaining how it violates the performance and behavior standards
of the job.
Take Corrective Actions
The second part of the meeting should address corrective actions. The employee
must understand that the current performance is unacceptable, that the behavior
must change, and that negative consequences will occur if the behavior does not
change. The manager and the employee should work together to develop and
agree to a corrective action plan. The plan should include provisions for follow-up
or monitoring of progress.
The employee should also be advised of the organization‘s appeal process.
© 2014 SHRM 114

11. Document Results
After the meeting, document corrective actions. Be sure to include the following:
Outline organizational expectations. Supervisors should document
specific expectations, so employees understand what is required of them.
State specific changes employees need to make. Outline the conduct that
needs to change. Focus on the behavior, not the person.
Include the employee’s story. There are always two sides to a story. Good
documentation records both the employee‘s side and the supervisor‘s side
of a situation.
Outline a plan. Effective documentation maps out specific goals and how
the employee is going to achieve them. The case is reviewed for potential
exceptions to employment at will and potential tort or other liability.
List possible consequences if improvements are not made. Specifically
state the possible consequences if the employee fails to make the necessary
improvements.
Establish a time frame. Managers should use a realistic time period when
creating a timeline for improvement.
Follow up on documentation. Use follow-up sessions to gauge progress,
to offer feedback, and to make additional recommendations for continued
improvement.
A performance improvement plan (PIP) may be developed as a part of the
performance improvement meeting. The manager, with input from the affected
employee, develops a plan that will help the employee attain the desired level of
performance. Figure 4-3 provides an example of a format for a performance
improvement plan.
© 2014 SHRM 115

12. Figure 4-3. Example of a Performance Improvement Plan Format (Society for Human Resource
Management n.d.)
© 2014 SHRM 116

13. The manager‘s supervisor and the human resources department should review the
plan to ensure consistent and fair treatment of employees across the organization.
The supervisor will monitor the plan and provide feedback to the employee.
Complaint Review, Investigation and
Resolution
HR should treat all their employees equitably and fairly. Disciplinary procedures
should ensure that employees have the opportunity to explain and defend their
actions against charges of violation or misconduct. Complaint and disciplinary
procedures should be conducted in a private manner.
Disciplinary actions are never a simple matter. There may be a combination of
factors in addition to the specific violation that warrant careful consideration.
Concerns about protected classes and workers‘ compensation are only a few
examples.
Complaint Review
When an informal or formal complaint is made, the employer should take
immediate steps to stop the alleged conflict, protect employees involved and
begin investigations. Under many laws, employers are legally obligated to
investigate certain complaints, such as workplace violence, in a timely manner.
Responsiveness to a complaint and an investigation will not only yield the best
information and evidence, but it will also enhance both the investigator‘s and the
employer‘s credibility (Society for Human Resource Management, How to
Conduct an Investigation 2010).
© 2014 SHRM 117

14. Investigating a Complaint
The following steps are part of a thorough investigation and should begin as soon
as the employer receives a verbal or written complaint. The severity of the
complaint will determine the scope of investigation.
Step 1: Ensure confidentiality: The employer should explain to all those
involved in the investigation that all information gathered will remain confidential
to the extent required for a thorough investigation.
Step 2: Provide interim protection: If there are security issues related to the
complaint, actions should be taken to protect all those at risk of harm.
Step 3: Select the investigator: HR is the most common choice but can only be
effective if HR professionals possess the following skills:
Ability to investigate objectively
Interpersonal skills for building rapport with the parties involved
Ability to pay attention to details
Ability to maintain confidentiality
Respect of employees
Understanding of the law and the organization‘s policies and procedures
Step 4: Create a plan for the investigation: The type of the complaint will drive
the plan for investigation. A complete plan should include an outline of the issue,
the development of a witness list, sources for information and evidence, interview
questions targeted to get crucial information and details and a process for
documentation.
Step 5: Develop interview questions: Good questions are relevant and designed
to draw out facts without leading the interviewee. Questions should be open-
ended to elicit as much information as possible.
© 2014 SHRM 118

15. Step 6: Conduct interviews: The investigator should remain objective
throughout the interviews. The investigator should avoid pushing the investigation
in any particular direction and should never offer any opinions. During the
interviews, the investigator should take notes.
Step 7: Make a decision: The investigator, members of management and legal
counsel, if necessary, should make the final determination of any employment
actions that are warranted based on the investigative report. In the final
determination, the employer must consider all parties involved as well as the
organization‘s processes, not just whether the accused is at fault.
Step 8: Close the investigation: Once a decision is made, the employer should
do the following:
Notify both the complaining employee and the accused of the outcome.
Take corrective action that is appropriate to the situation, such as discipline
or even termination.
Step 9: Develop written summary investigation results: HR should operate on
the premise that every investigation of a serious nature could potentially be
reviewed by a court. With this mindset, HR should keep accurate documentation
and evidence (Society for Human Resource Management, How to Conduct an
Investigation 2010).
Employee Monitoring
Many countries and regions have laws that regulate monitoring and seizing any
wire, oral or electronic communications. For example, in some countries, the law
requires employers to obtain written consent or provide notification to employees
that e-mails may be monitored.
© 2014 SHRM 119

16. Be sure your organization includes policies and procedures on monitoring
employee communications and that these policies are understood by employees.
These policies should cover the following topics:
Telephone practices and voice mail
Internet use, including accessing private e-mail accounts and websites
while at work
Workplace searches
Surveillance
Alternative Dispute Resolution Process and Procedures
Alternative dispute resolution has developed as a way to prevent the escalation of
actions, like discipline and termination, into lawsuits.
The purpose of alternative dispute resolution (ADR) is to provide employers
and employees with a fair and private forum to settle workplace disputes.
In the last several years, ADR has gained popularity, because it often reduces the
number of simple disagreements that could wind up in court or in formal
arbitration. Using ADR processes, organizations can diffuse and resolve disputes
and ultimately avoid bad feelings, high turnover and costly litigation. Figure 4-4
outlines several ADR strategies.
ADR Strategy Description
Open-door policy Employees have the opportunity to meet with
supervisors and managers to discuss issues.
Third-party A neutral third party, from inside or outside the
investigations organization, confidentially investigates workplace
complaints and proposes resolutions.
Figure 4-4. ADR Strategies (continued to next page)
© 2014 SHRM 120

17. ADR Strategy Description
Peer review
Arbitration
Arbitration
A panel of employees, or employees and managers,
works together to resolve employee complaints.
A process in which a neutral third party, after
reviewing evidence and listening to arguments from
both sides, issues a decision to settle the case.
Figure 4-4. ADR Strategies (concluded)
If the organization determines that arbitration is the best dispute resolution
strategy, HR should work to ensure arbitration is perceived as a helpful tool for
resolution and not as a corporate strategy for suppressing troublemakers.
A fair program should include an arbitrator whom all parties see as neutral and
fair. In many cases, arbitrators can award whatever relief would be available to
the involved parties if they were to settle the dispute in court, including
compensatory and punitive damages, back pay and reinstatement. The arbitrator
should provide a written opinion and include a summary of the dispute, damages
and other relief awarded, and a statement about the disposition of any statutory
claim (Society for Human Resource Management 2001).
Know the Law
Remember that methods of dispute resolution such as grievance procedures may
be defined in collective bargaining agreements, and while arbitration may be used
to resolve some conflicts, it does not preclude legal action in some countries. In
the United Kingdom, the Employment Act of 2002 describes statutory grievance
and disciplinary procedures. Failure to comply with its requirements can result in
a finding of unfair termination and an increase in compensation awarded.
© 2014 SHRM 121

18. Attempts at conflict management must be conducted within these legal
restrictions.
Dealing with Workplace Violence
The definition of workplace violence varies and often includes any physical
assault, threatening behavior or verbal abuse that occurs in the work setting.
Examples of workplace violence include but are not limited to the acts listed
below:
Psychological trauma due to threats
Obscene phone calls
An intimidating presence and harassment of any kind
Acts that result in damage to company resources or capabilities
Assaults, threats or other actions by outside parties with whom employees
have relationships and that occur at the workplace
To reduce liability and to maintain safe work environments, organizations must
comply with related laws and know what preventive measures are necessary and
what actions are required when a violent act occurs.
HR’s Response to Workplace Violence
The law and the organization‘s policies will determine how to respond to
workplace violence. Responses range from immediate termination to counseling
to warnings. The following list provides ways in which HR can respond to violent
incidents:
Provide counseling for victims.
Provide debrief session for employees.
Provide counseling for employees not directly involved in the incident.
Allow employees to take a leave of absence.
Institute new policies to prevent future acts of violence.
Provide counseling for the victim‘s family.
© 2014 SHRM 122

19. Provide counseling to the aggressor/assailant.
Aid employees in job relocations.
Following a violent incident, HR may need to adjust organization policies,
procedures and security measures in order to prevent another incident. Depending
on the incident, HR may also want to institute the following preventive measures:
Arrange access control on a regular basis. It can take various forms,
including sign-in sheets and surveillance.
Communicate to employees the reason for security procedures and that
precautions extend to even persons familiar to the employer, such as an
employee‘s family members or friends.
Identify to all employees the point person or office for communicating any
potential workplace violence, threat or concern (Society for Human
Resource Management, Dealing with Violence in the Workplace 2010).
For more information on maintaining a safe work environment, please see
Module 6: Health, Safety and Security.
Escalating Issues
HR professionals need to know what they can solve themselves and what must be
referred to a higher authority. For example, workplace violence issues are serious
offenses and should be handled by more senior personnel. In these instances, it is
important to have an escalation process in place and to know when to contact
more senior personnel, the organization‘s leadership, security, law enforcement
and other resources that can help you respond appropriately and prevent
liabilities.
© 2014 SHRM 123

20. Managing Employee Conflicts
It is inevitable: conflicts arise at work. And when they do, parties involved
usually turn to HR professionals for their expertise and guidance. HR should use
the framework of law, policies and procedures to mediate disputes and act in
consultative manner.
In managing conflict, it is crucial to first understand the source of the conflict. Is
the source based on clashes of personality and style, differences in vision and
procedure or a cultural misunderstanding? Most conflicts can be categorized as
interpersonal or task conflicts, also referred to as work-related conflicts.
Interpersonal versus Task Conflicts
The word conflict is laden with negative connotations, but many organizational
experts believe that conflict is not uniformly bad. In the study Types of
Intragroup Conflict and Affective Reactions, Francisco Medina and his
colleagues distinguish between relationship or interpersonal conflict and task
conflict. The two conflict types are illustrated in Figure 4-5.
Figure 4-5. Types of Conflict (Medina, et al. 2005)
© 2014 SHRM 124

21. The difference between these types of conflict suggests that to arrive at the best
conflict resolution approach, one must first thoroughly understand the source of
the conflict. Consider the case study outlined in Figure 4-6.
Case Study: Employee Conflict
Background Two members of a global product development team end
information every team meeting locked in conflict. The team leader
assumes that some of their differences come from their
disciplines: One is an engineer and tends to think in a
logical, step-by-step manner, while the other is a designer,
known for an intuitive understanding of the relationship
between aesthetics and user interfaces. They bring
distinctive experiences to the team.
The conflict They have each been involved in different projects that
tried different strategies with different levels of success,
and they now have definite opinions about what works and
what doesn‘t. However, they also just don‘t like each other.
One seeks risk, while the other avoids it. One displays
emotions openly, while the other appears dispassionate.
Figure 4-6. Case Study: Employee Conflict (continued to next page)
© 2014 SHRM 125

22. Case Study: Employee Conflict
The Realizing the two levels of conflict, the team leader
intervention approaches each member separately and talks about their
different styles as something that can‘t be changed but that
can be controlled through some ground rules.
During meetings, the team leader acts quickly when an
interpersonal conflict arises, reminding the team members
of the ground rules and directing them to the more
productive aspects of their disagreement and the pros and
cons of the approaches each is proposing.
Figure 4-6. Case Study: Employee Conflict (concluded)
Even when a conflict involves just a task, a certain amount of investigation is
required to determine the actual disagreements and to find common ground.
The Cultural Components of Conflict
Cultural differences and misunderstandings drive many conflicts for organizations
with a global presence. Even when the roots of a conflict are related to
personality, the resolution of the conflict can be complicated by cultural
differences. Different cultural norms can prevent managers and employees from
recognizing conflicts. Understanding cultural differences can help HR and those
involved find an approach that leads to resolution. Consider the following:
Cultural differences in values and perceptions: For example, a manager
from a more task-oriented culture is assigned to a subsidiary in a country
with a more holistic, relationship-oriented culture. Problems immediately
result as the manager quickly proposes new and completely different
processes. His colleagues resist implementing the new processes.
© 2014 SHRM 126

23. Cultural prejudices: Conflicts may derive not from any personal
differences or specific events but from attachments to specific groups, such
as religious, ethnic or clan groups. These conflicts can occur between
members of a workplace that appear completely homogenous to an
outsider.
Cultural attitudes toward conflict: In a high-context culture , maintaining
dignity can complicate the resolution of conflict. For example, consider a
situation in which two members of a cross-cultural team come from
countries with different contextual needs such as high- and low-context
cultures. The team member from the low-context culture continually
interrupts and corrects the team member from the high-context culture,
who is offended but says nothing. The first team member is not aware of
the problem until a third party points it out. Then this team member makes
matters worse by bringing the issue up in front of the entire group and
apologizing, thus embarrassing the team member from the high-context
culture.
Using the wrong conflict resolution technique: HR professionals should
become aware of the cultural filters that may influence their own choice of
conflict resolution methods. For example, an HR professional from a
culture with few differences between male and female roles needs to
recognize that women from cultures with significant differences in gender
roles may not want to participate in dispute resolution that requires open
discussion of problems. Similarly, inviting employees in conflict to discuss
their differences in an equal manner may work in an individualistic society
but not in a collectivist culture. An effective mediator may need to be
assertive and powerful.
Many forms of alternative dispute resolution (ADR) involve impartial
intermediaries or observers. Some experts have noted that neutral outsiders
are more effective in Western cultures. However, a rational dissection of a
dispute may be seen in an Arab culture as dismissing the emotional dimension
© 2014 SHRM 127

24. of the conflict. In this context, a partial insider may be more appropriate,
someone both sides know and trust (Leeds 1997).
Handling Employee Terminations
Types of Terminations
Employment relationships, like any other type of relationship, sometimes come to
an end. This section deals with issues related to the termination of employees.
Whether voluntary or involuntary, it is important that terminations are conducted
legally, with sensitivity, and that the rights of the employees and the organization
are upheld. Terminations generally fall into two categories: involuntary and
voluntary.
Involuntary Terminations
For cause terminations: For cause terminations occur when an employer
discharges a particular employee because of things the employee has done wrong.
Four common reasons for discharge are poor performance, attendance problems,
violations of organizational policies and serious misconduct.
Legal cause is a very specific application of the broader concept of cause.
Whereas the word and concept of ―cause‖ can simply mean ―to have a reason,‖
to have legal cause actually means that the reason must fit within a very specific
and legally defined group of actions or behaviors, often quite serious in nature.
Frequently in employment contexts, the word ―cause‖ is used without including
the preface legal. In all cases, care needs to be taken to ensure that the proper
interpretation and application of the word ―cause‖ is being used and that the
definition is not simply assumed to be understood.
© 2014 SHRM 128

25. The following items may qualify as termination for cause:
Breach of a fiduciary responsibility
Disclosure to unauthorized persons of proprietary information regarding
the business or operations of the organization
Failure to report to or perform work for any significant period of time
Willful misconduct or gross negligence in the performance of duties
Willful and repeated refusal to perform duties that have been delegated or
assigned
Commission of a crime resulting in loss to the organization, including
theft, embezzlement, fraud or commission of any felony that brings the
organization into public disgrace
No fault terminations: Another type of involuntary termination occurs when
employees are dismissed due to no fault of their own. Common reasons for such
terminations include the following:
Mergers and acquisitions
Downturn in business
Organization goes out of business
Reorganization or restructuring
Financial difficulties
Plant obsolescence or relocation
Technological developments
Possible alternatives to labor reductions include asking employees to sustain pay
cuts or to accept a reduced work schedule or offering voluntary retirement with
additional benefits.
© 2014 SHRM 129

26. Constructive Dismissal
Constructive dismissal (also known as constructive termination or constructive
discharge) is an important legal concept for HR practitioners to understand. While
not all jurisdictions have this law or precedent, it remains an important HR
concept to know in terms of employee morale and motivation.
A constructive dismissal may occur when the employer changes the employee‘s
work or work environment in a fundamentally negative manner so as to have
breached the terms and conditions of the original undertaking of employment. To
be valid the change must be applicable in a legal sense, not simply based on the
employee‘s own personal interpretation of unfairness or harassment. To be
initiated, constructive dismissal usually requires that the employee resign shortly
after the change in his or her work or workplace has occurred in order to validate
and acknowledge that a breach of contract has occurred.
Legally or motivationally constructive dismissal is a significant HR concept
because it has the potential to create numerous unintended consequences. From a
legal and financial point of view, a constructive dismissal may trigger expensive
severance packages, wrongful dismissal claims and extended legal conflicts. From
a motivational point of view, employers need to be aware that arbitrary or wilfully
fundamental changes in employment conditions can often have a serious de-
motivational effect on employees.
Examples of actions by an employer that may trigger a constructive dismissal
include the following: arbitrary demotions, reassignment to a remote geographic
work location, harassment, bullying or humiliation and unilateral changes of
substance to the terms or conditions of employment.
© 2014 SHRM 130

27. Voluntary Terminations
Resignations: An employee may decide to leave for better pay or career
opportunities, to relocate, to return to school or to retire. The organization may
request but generally should not require that resigning employees give a minimum
amount of notice. Employers may decide to give pay in lieu of fulfilling the notice
period when there are good reasons to do so, such as cases when the employee is
not trusted to stay at the organization.
Job abandonment: Job abandonment occurs when an employee fails to call in or
report to work for a period of time.
HR Responsibilities with Termination Activities
While each employee‘s direct manager is usually responsible for the termination
action, HR must help support lawful terminations by providing coaching and
counseling to the manager and by ensuring the following is in compliance:
Is documentation of the situation in accordance with related laws?
Are wages and compensation decisions in compliance with related laws?
If eligible, is the employee aware of any opportunities to continue in the
organization-provided health insurance plan and other benefits at the
employee‘s own cost?
Are employee references provided in accordance with organizational
policy?
Exit Interviews
For the organization, the exit interview is a valuable source of information about
the employment experience. It is also used to handle administrative issues, such as
delivery of the final paycheck and collection of organizational property, and gives
management a chance to address employee questions.
© 2014 SHRM 131

28. The timing of the meeting is important. While some employees discharged for
cause should attend an exit interview immediately after notification of
termination, it depends on the reason for termination.
Most organizations do exit interviews only in connection with voluntary
termination. These interviews are typically conducted on the employee‘s last or
next-to-last day. The interview is best conducted by a neutral party who is not in
the employee‘s chain of command. Employees are more likely to provide candid
input if they know that their comments will be kept confidential or anonymous.
The employer should make the effort to treat the exiting employee with
compassion and respect. The manner in which the severing of the employment
relationship is conducted can have a huge impact on how the employee copes
with the termination and whether or not the employee chooses to sue the
employer.
Protecting Your Organization’s Reputation
Disgruntled employees may spread negative misinformation that can damage an
organization‘s reputation, especially after a termination. Social media is
sometimes the outlet for an employee‘s anger, which consequently may prevent
new talent from considering employment at your organization.
Websites such as Hallway.com, Jobitorial.com and Glassdoor.com allow people
to anonymously share salary details about specific jobs or talk about the
interviewing and hiring experience. HR should be aware of the negative impact
but should also consider the feedback as another way to reevaluate practices and
to improve employee relations (Overman 2010).
© 2014 SHRM 132

29. Practice Questions
Directions: Choose the best answer to each question.
1. A fair and just discipline process is composed of which elements?
a. Clearly defined rules and regulations, a progressive discipline process and an
appeals process
b. Clearly defined rules and regulations, an appeals process and employee feedback
c. Clearly defined rules and regulations, a progressive discipline process and
employee feedback
d. Clearly defined rules and regulations, manager involvement and an appeals
process
2. If possible, why should you suspend an employee before termination?
a. Provides evidence that the employee was aware of the criticality of his or her
offense
b. Allows the manager time to reconsider the disciplinary action
c. Allows the employee time to think about the criticality of his or her offense
d. Demonstrates to other employees that there are consequences to certain behaviors
3. What should you consider before starting the practice of monitoring employee e-mail use?
a. Whether monitoring e-mail use is in line with your organization‘s culture
b. Whether there are laws regulating the practice of e-mail monitoring
c. Whether the employees would be offended
d. Whether monitoring is exclusive to certain employees
© 2014 SHRM 133

30. 4. What is the purpose of alternative dispute resolution (ADR) strategies?
a. To provide employees with an alternative to appealing a disciplinary action
b. To provide employers with a course of action for offenses breaching the law
c. To provide employers and employees with a fair and private forum to settle
workplace disputes
d. To resolve disputes in a court of law
5. A performance meeting allows the employer and employee to discuss the facts and how
the employee‘s performance is affecting the organization. What else should be part of a
performance meeting?
a. Steps for corrective action
b. Peer review
c. Discussion with senior leadership
d. Dispute resolution
6. What is interpersonal conflict?
a. Internal conflict that arises when an employee is assigned certain tasks
b. The type of conflict that arises when personalities clash
c. The type of conflict that arises when there is a disagreement in viewpoints or ideas
d. The type of conflict that arises when a manager and employee disagree
7. Which of the following describes ―for cause termination‖?
a. Termination that occurs when an employee fails to call in or report to work for a
period of time
b. Termination that occurs when an employee is dismissed due to no fault of his or
her own
c. Termination that occurs when an employee resigns from his or her position
d. Termination that occurs when an employer discharges a particular employee
because of things the employee has done wrong
© 2014 SHRM 134

31. Practice Question Answers
1. a (p. 107)
2. a (p. 111)
3. b (p. 119)
4. c (p. 120)
5. a (p. 114)
6. b (p. 124)
7. d (p. 128)
© 2014 SHRM 136