Essay Sample on Termination Process

Introduction

The same way an employer has a right and freedom to choose an employee and work with them is the same he or she has a right to terminate the contract and discharge the employee. However, unlike the selection process, the termination process is more complex and is guided by several legal requirements. The termination of employment must result from a valid cause of misconduct as recognized and approved by the law. Therefore, an employer cannot decide to end the contract abruptly or for personal reasons without incurring legal costs and facing the law. The conditions surrounding the process of termination seek to protect employees from the unreasonable and arbitrary execution of an employer's right to dismiss at will. Therefore, employers must follow due process and provide evidence and justification that there is a legal cause for the termination and that the dismissal was lawful. This essay develops the due process for the release of an employee in a manner that is considered humane and in line with the responsibility of the board of education.

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Paramount to the due process of termination is respecting the rights and freedom of the employee. Before terminating the contract, I will be sure to appreciate the employee's right to information, self-defense, and change of behavior. I will thus inform the employee of the unsatisfactory performance including evidence of the alleged misconduct. I will also make the employee understand how the misbehavior goes against the school's values and principles and also bring to their attention the fact that they knew about the values of the system and deliberately violated them. This information will get served on a notice that explains the underlying reasons for termination and that the termination is not a result of ill motives (Kahlenberg, 2015). The notice will also have a section that allows the employee to argue from his or her side.

Another right that the employee deserves is that of defending himself or herself. I will thus give the employee a chance to present his or her justification for misconduct. The employee will also attend a conference or hearing where the employee will rebut the evidence available and present evidence from his or her side. After this, I will give the employee a grace period where they should demonstrate change by improving or rectifying their behavior instead of jumping right into adopting the adverse action of termination (Fortuna). After the assigned period, I will serve the employee with a notice showing my decision. This notice will indicate whether the misconduct is justifiable or whether the termination decision will prevail (Brooks, 1997). This process will enable me to utilize a good discipline system that aims at achieving positive outcomes and is not maliciously focused on ending the contract. Protection of the rights of the employee is necessary as it also improves behavior.

Another critical factor in the due process is the assessment of all the relevant documents and following their provisions in the termination. I will ensure that the termination process corresponds with the written employment contract between the employee and the school. Therefore, according to the agreement with the board of education, the termination process should also involve the council. Thus, the committee will undertake a voting process given the details of the misconduct upon which a decision will be reached. Also, since the employee is a member of the teachers union, I will ensure that I consult the collective bargaining agreement (CBA) before effecting the termination (Brooks, 1997). These steps are crucial in enhancing the bargaining power of the employee (Casebeer, 2017). I will follow all the highlighted procedures relating to firing before undertaking the termination process.

The Due Process Clause is a vital part of the firing process. I will thus follow the guidelines in the Due Process Clause in determining whether the employee has a property right in employment. I will also consult the employee handbooks and manuals on the termination procedure to ensure that the termination process is in line with every aspect of the rights of the employee and their protection from unfair termination.

Also, to reduce the emotional pain relating to the topic of dismissal, I will let my direct supervisor, the superintendent to inform the employee of the intentions to discharge him or her. Also, I will ensure that the superintendent is not alone when delivering the information but should be in the company of a human resource manager, a board member and a colleague to the employee.

I will also ensure that the employee receives their last paycheck with the appropriate salary, wage, and expenses. Also, all outstanding balances will be made available. The final paycheck will be prepared and delivered in the termination meeting to ensure that it represents the right amount owed to the employee. The paycheck will include the entire amount owed up to the day of termination (Green, Ryan, and Levy). Also, I will communicate with my supervisor and the human resources team to provide the employee with additional benefits in exchange for a waiver of any possible lawsuit. This agreement will be necessary for easing the transition process between the employer and the employee.

Therefore, following due process in the termination process is necessary as it saves the employer the expenses and time spent in lawsuits. Hence I will observe all the rights of the employee to ensure that their termination is humane and in line with the requirements of the board. The other factor is ensuring that the process is in line with all the relevant documents and laws.

References

Brooks, T. P. (1997). Alabama Supreme Court Contravenes United States Supreme Court Due Process Jurisprudence: Stallworth v. City of Evergreen. Ala. L. Rev., 49, 1081.

Casebeer, K. M. (2017). It's Not Just the Contract, It's Capitalism: Inequality and the Restatement of Employment Law Chapter on Termination. Emp. Rts. & Emp. Pol'y J., 21, 325.Fortuna, G. J. (n.d.). Substantive and Procedural Due Process in Termination of Employment. Retrieved from https://www.scribd.com/doc/316198010/Substantive-and-Procedural-Due-Process-in-Termination-of-Employment

Green, N., Ryan, K., and Levy, M. (n.d.). The Correct Way to Terminate an Employee. California Unemployment Insurance Code. 1256

Kahlenberg, R. D. (2015). Tenure: How Due Process Protects Teachers and Students. American Educator, 39(2), 4.