HVBF Monthly Meeting - Human Resources Roundtable
Thursday, March 6, 2003, 8:30 AM - 9:30 AM

Host: 

KCI Technologies

Attending:

Marcie Cohen, Ultimate Staffing
Siri Cowden, UBS/PaineWebber
Barbara Cowen, Mary Kraft Associates
Bill Cummings, G.C. Personnel,
Eileen Edwards, KCI Technologies
Susan Fine, PDP Group
Jacqueline Halcott, Bavar Properties
Mary Ellen Judy, KCI Technologies
Joe Keough, P. F. Obrecht & Sons
Pat Kilroy, Systems Alliance
Lauren Lutz, Broadmead Inc.
Francesca Lynch, Aon Consulting
Melissa Menkel, Whiteford, Taylor & Preston
Mark Robertson, NuTec Design Associates
Shirley Tyler, Right Management Consultants
Richard Webb, Atlantic Financial Federal Credit Union
Gail Williams, McCormick & Co
Jennifer Winiecki, Stella Maris
Kristi Yowell, Loyola College

Chairperson Susan Fine opened the Roundtable. Each person attending introduced themselves and their companies. A special welcome to guests and prospective member Jacqueline Halcott of Bavar Properties. Bill Cummings of G.C. Personnel, and Lauren Lutz of Broadmead, Inc. were also guests and are prospective members.

Our last meeting addressed company policies. Background checks were discussed. Melissa Menkel noted that criminal background checks require employee notification and a signed consent. If you use a third party to perform the check, do not assume that they are taking this step. Verify that they are complying with the provisions of the Fair Credit Reporting Act.

The topic for today was “Breaking Up Is Hard To Do”.

Today, this had a double meaning. Our subject was about terminations but this was also the last meeting for long time Chair Shirley Tyler who is getting married and moving to the wilds of Kansas. Shirley has led this Roundtable representing Right Management Consultants and will be missed. Susan Fine organized a great send off with flowers, a card signed by all and a low calorie cake extravaganza from Graul’s Markets.

Melissa Menkel of Whiteford, Taylor & Preston, LLP addressed the termination subject.
Melissa explained that terminations could be for cause or reduction in force. Prepare your termination policy before trouble begins. Be sure that all employees have read your employee handbook and acknowledged such in writing. Know where you keep these acknowledgements. Your handbook should contain employment at will language and disclaim contractual intent. Your legal advisors should review your handbook.

Apply policies even handedly. If you have a progressive disciplinary policy, use it. Keep performance valuations accurate. Document-document-document!

If termination is the only recourse, keep your investigations fair. Listen to the employee’s side. Document past infractions. Treat all employees alike for the same offenses. If rules are violated, are they fair and have they been reasonably applied? Are there any alternatives to termination?

If a reduction in force is necessary, examine the legitimacy of those selected for reduction. Be careful in using the word “layoff” since it may imply a return to work is expected. Severance packages and agreements are preferred instruments. They mitigate hurt feelings that could lead to litigation. If using a severance package, do not pay until all the time conditions of the agreement are met.

Shirley Tyler joined the presentation with her experiences in helping clients of Right Management Consultants during this difficult event. Termination meetings should be held in private away from work areas. Retrieve all keys and company property and allow employee to retrieve belongings in a considerate way. Offer transition services to help the employee get on with their life. Encourage a look forward. This will discourage bitterness and possible vengeful litigation.

Melissa Menkel practices labor law at member Whiteford, Taylor and Preston LLP and can be reached at 410-347-8746 or mmenkel@wtplaw.com.