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    in your opinion, when is it justified for a company to fire its employees from the job? what are the considerations to be taken before making such a decision?

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    In Your Opinion, When It It Justified For A Company To Dismiss An Employee? What Are The Considerations To Be Taken Before Making Such A Decisions?

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    In your opinion, when it it justified for a company to dismiss an employee? What are the considerations to be taken before making such a decisions?

    October 16, 2021 by Piyushi Sethi

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    In your opinion, when it it justified for a company to dismiss an employee? What are the considerations to be taken before making such a decisions?

    Both the company and the worker are indeed uneasy when an individual is terminated. Although the company is grappling with a difficult discussion and the awareness that it will need to fill a job immediately and the worker is facing a reduction in money and ambiguity in his profession. Organizations terminate personnel for a variety of issues. Organizations, on the other hand, will not need a cause to fire the majority of people. If employee probably an at-will worker unless you’ve been safeguarded by a labour pact or a condition of the job. A contractor who is employed at will could be fired at any moment, for any cause, or with a warning. However, most firms will not expect to be fired absent good reason. The majority of terminations are for grounds, which indicates that the issue arose for a particular cause.

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    Any employee can be fired if he or she damages the companies’ property. If an employee’s activities cause harm to the corporation’s assets or systems, if deliberate or not, the employee may lose employment. Getting inebriated or using narcotics at work will impair employee effectiveness and, in the case of some substances, may be criminal as well. The use of drugs could obviously get the employee fired. Forging companies’ documents is another reason for which any employee could be terminated. This is not only immoral, but it might also put the organization in legal or regulatory trouble in the long term. Insubordination is also counted among the major causes of termination. Disobedience to directives, isolationist conduct, or confrontational discussions can all result in job dismissal. If a worker disagrees with his supervisor’s wishes or rules, he should voice his displeasure gently or seek conciliation from the institution’s Human Resource manager.  Misconduct includes anything from sexual assault to intimidation to the alleged conduct. This category comprises malfeasance such as deceiving, theft, embezzlement, and data theft. Employees that accomplish their jobs effectively are valued by employers. Ultimately, employees are not a worthwhile option for the firm if they are not meeting the obligations listed in the employment requirements, employees are obtaining behavioral complaints, or if employees’ work requires monitoring or is especially in the post. Several justified reasons can be demonstrated other than these mentioned.

    Companies need to take appropriate action to verify the termination i.e., a method of legal and ethical termination should be followed. The company should Make sure in compliant with relevant regulations prior to firing anyone or initiating this round of layoffs. If your company has an HR department, your personnel should really have procedures in place for terminating employees.

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    The company should provide feedback to the employees and should guide them about performance improvement strategies. Improvement plans and performance developing processes should be assisted so that employees can know their weaknesses and could improve.

    It’s never pleasant to fire someone, regardless of what cause is. Even though the employer is relieved to see a worker go, the procedure can be tough. The corporation wants to ensure that just about everything employees perform is in conformity with corporate guidelines and provincial and national regulations. If personnel adopt a correct policy, they can safeguard themselves and their employer, and the same should be undertaken by the firm.

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    10 things to consider when terminating an employee

    The key point to remember: Terminations are not accidents, but should be planned events.

    HOW TO: HUMAN RESOURCES

    CAREER & WORKPLACE HUMAN RESOURCES

    10 things to consider when terminating an employee

    Enlarge

    Terminations are not accidents, but planned events.

    IMAGE PROVIDED BY GETTY IMAGES (ANDREYPOPOV)

    By Bennett Pine

    Contributing Writer,

    Oct 9, 2014

    Now that most employees (and their managers) have returned from summer vacation, many employers turn their attention to addressing serious employment decisions that may have been deferred over the summer.

    With this “back-to-school” thinking in mind, we remind employers of 10 things to consider before terminating an employee.

    1. Consider the reason: Position elimination versus performance issues

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    As a fundamental proposition, the employer must be able to articulate the reason for terminating an employee. A good exercise for employers is to summarize the reason for the action in a paragraph.

    Is the decision economically motivated as a position elimination or reduction in workforce, or is it based on the employee’s poor performance? If based on the employee’s less-than-acceptable performance, the employer hopefully can establish a paper trail in terms of performance evaluations and prior warnings to support the decision.

    Will the employee be replaced? Generally speaking, position eliminations (i.e., no replacements) may be easier to defend. However, if there are multiple employees in the position, the employer should be prepared to justify the employee’s termination, e.g., seniority, performance, etc.

    2. Consider whether the employee falls under protected status

    The employer should consider whether the affected employee falls into a category that is protected by federal, state or local law.

    Employees may not be discriminated against on the basis of race, religion, age, citizenship, sex, sexual orientation, national origin, marital status, disability and certain other factors. Essentially, all employees except for white males under the age of 40 likely fall into some class that is protected by law.

    Of course, this is not to suggest that such protected employees are insulated against employer action. Rather, the employer should be cognizant of a potential discrimination claim, underscoring the need to be able to articulate the legitimate business reason for taking action against an employee in a protected classification.

    Employers should also consider whether a termination or series of prior terminations has a disparate impact on a particular group.

    3. Consider any applicable collective bargaining or individual employment agreements

    Most employees are employed “at will,” meaning they are not guaranteed a job for any fixed period, and may be terminated at any time for a good reason, a bad reason or no reason at all, as long as it is not an illegal reason, such as discrimination.

    Many employers have employment handbooks or other written policies that reiterate such employment-at-will status. Two very notable exceptions to “at will” employment status are collective bargaining and individual employment agreements.

    Union agreements typically limit a termination to a showing of “cause” or “misconduct.” Economically motivated actions may be strictly limited on the basis of seniority and create “bumping” rights for affected employees. Individual employment contracts may limit terminations without a showing of “cause,” and/or impose significant severance payments.

    Employers must always take into account the presence of a union or individual employment agreement before acting.

    4. Consider possible retaliation allegations

    Employers are often annoyed when an employee voices concerns or files a written complaint about discrimination, harassment, wage-hour violations or requests an accommodation for a disability or religious belief and related issues.

    Their first instinct sometimes is to “get rid of” the problem employee. Be careful: A myriad of laws protect employees who have either “opposed” discrimination or “participated” in some sort of proceeding.

    Even where the underlying claim of discrimination or other employment violation lacks merit, the employee may indeed have a bona-fide retaliation claim if terminated or subjected to other negative employment action soon after lodging a complaint.

    While such employees are not necessarily insulated from termination, employers should be aware that they may assume an additional burden to justify their decisions against a possible retaliation claim, especially if taken within approximately six months of an employee’s complaint.

    5. Consider the need for advance notice of group actions

    If the employer’s action constitutes a plant closing or mass layoff under the Worker Adjustment and Retraining Notification (WARN) Act and parallel state mini-WARN laws, the employer should be aware of strict rules requiring advance written notice before the employment terminations can be implemented.

    Under the federal WARN Act, 60 days advance written notice generally is required where the action affects 50 or more full-time employees. Limited exceptions may apply, e.g., natural disasters or unforeseen business circumstances.

    State laws may require longer advance notice (e.g., 90 days) or provide broader protections (e.g., actions affecting 25 or more employees.)

    स्रोत : www.bizjournals.com

    13 Important Things to Consider When Firing Employees

    One of the important aspects of a business person is reputation, should take care and maintain it. Here are things to consider when firing employees.

    RecruitmentHuman ResourcesManagement

    13 Important Things to Consider When Firing Employees

    By Chitra Reddy 14023 Facebook Twitter Pinterest WhatsApp

    An employer holds the top most position in the pyramid of corporate people. This top position holds its own duty and responsibility. It is expected of the employers to work ideally according to the laws.

    Terminating an employee is one of the most crucial decisions. It can have a direct effect on the company and its other workers. Firing an employee is a crucial decision as it may come along with various consequences. Firing someone, who have worked for a long time may also affect the emotional status of both the persons.

    It is a sensitive topic and you should handle it with care. There are occasions where the unprepared managers barge in the cabin of an employee and drop in their dismissal letter.

    Cherry on the top in such situation is that the employees’ are given no (valid) explanation. Such insensitive and illogical termination might land you and your company in a huge legal battle. Thus, you need to consider various facts before you decide on firing an employee.

    The Correct Way to Terminate an Employee:

    There are things that you should keep in mind. They can save you from being caught up in unnecessary lawsuits and fines. Reputation is an important asset for a businessperson; hence, one should take care to maintain it.

    1. Revise the position of the person with capability and requirement:

    An employee does not enter a firm or a sector without being selected at some sort of interview. That clearly indicates that the employee must be possessing some or the other skills and is capable of doing a certain job.

    Now, for a small-scale firm it may be unnecessary to keep excess amount for work force as it may only increase the investment. However, if you are an employer of a huge and financially equipped firm then you must revise the skills of the person and should consider if he could be assigned some other tasks.

    An employee shares an emotional bond with an organization as soon as he/she becomes a part of the place. Termination from the source of the income is a huge decision; therefore, think whether this termination is an utmost necessity or not.

    2. Make sure to have a valid reason in written sooner (before firing):

    As a person, with the power of hiring or firing any one, the employer should be able to come up with a valid explanation or reason. Both the duties i.e. hiring and firing are major activities that have a huge effect on the working system of an organization.

    The reason provided by the employer should be brief and valid. One should clearly mention whether it was the economic condition that made way to this decision or it was something related to the performance (with proof).

    If the reason revolves around the bad performance theory then the proof should be in the form of the performance chart status of the past six months at least. Moreover, it is very important to mention whether the position will be replaced by someone and on what basis. To sum it up well, the employer must be able to justify his decision with valid proof and reasons.

    3. Keep your proof updated and loop free:

    Corporate sectors stand on the base of competition. There is a rigorous competition between businesspersons all around the world to be the best. In the race of the best, some are honest and hardworking while some always search for shortcuts. Shortcuts are easy and trouble free. Most people follow the rule ‘If you cannot be good then make others look bad’.

    Always keep in mind that not everyone is drop dead honest with you all the time. Now an employer of a huge corporate, might not be able to reach and evaluate all employees. Therefore, the managers and supervisors are appointed all throughout the sectors. However, you can never be sure of the information they provide. There prejudice or bias attitude may make them report invalid reasons against someone.

    Therefore, always double-check the information if you are deciding on firing an employee. This will not only give you a proof of a valid firing but may also save you from taking wrong decisions.

    4. Company rules and regulation within the termination policy:

    Company policies are the best way to make any decision regarding the hiring and firing of an employee. If a person fails to follow the rules or the policies by any chance then you have valid reasons to take actions on you. However, you also need to collect lawful evidence in your favor.

    Make sure that your policy does include all the possible rules. It may start from the romance in the workplace policy to the monthly performance along with the procedure of the termination. It is upon you to make a legal policy with the help of the attorney.

    5. Legal clauses and acts in favor of the employee (check whether employees fall into any condition):

    Legal battles are the worst things to be engaged in ever. A businessperson always knows how important his time and resources are for the company. In such cases, one always looks out for better options. The best way to keep safe is by checking out all the possible acts that might favor your employee. Never let your personal reasons come in between any business related decisions.

    स्रोत : content.wisestep.com

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