...Employment Termination What Every Manager Should Know Introduction Termination is one of the most difficult tasks a manager will have to perform. A manager needs to have a good understand of everything that is involved in an employee exiting the company. This paper is designed to do just that by giving a broad overview of the topic and highlighting the most important parts. By reading this paper a manager should be much more prepared and less likely to commit a mistake during the termination of an employee. The manager should also be able to make the termination a smoother transition and therefore an easier task to complete. Definitions Definitions of some of the important terms are given to give a manager a better understanding of some of the main ideas involved in employment termination. There are basic ideas that go along with each definition to give a better idea of why the term is important to the topic. Termination from Employment Termination from employment occurs when an employee’s job ends. Termination can be voluntary or involuntary. Voluntary Termination Voluntary termination is when an employee voluntarily ends his or her employment at an organization. This would include resignation or retirement. Another common reason for voluntary termination is a new or better job, typically one that offers higher remuneration or improved career prospects [ (Heathfield, Termination) ]. Involuntary Termination Employment can also be involuntary, meaning that the employee...
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...top of the initial title delay, then this becomes a concurrence delay. Most standard contract documents require the contractor to keep working as instructed during the pendency of any dispute, while giving the contractor the right to make a claim for a price increase. Rarely does anything but nonpayment justify termination by a contractor. The greatest risk of the contractor in terminating a contract is that the termination could be determined by a court or arbitration panel to be wrongful. If the termination is proved to be wrongful, then C terminating the contract not only fails to collect its additional funds spent to complete the project, but must also pay A its contract payments through the date of termination and potentially the loss of profit on the work not performed. 2. Termination for convenience clauses are intended to provide the owner with the option to terminate the remaining balance of the contracted for work for a reason other than the contractor’s default. The owner can terminate the balance of the work for convenience as long as there is a termination for convenience clause in the contract. However, if the contract does not contain a termination for convenience clause, and the owner terminates the contract before the work is complete, then the contractor would be entitled to the value of the work completed plus profit that he or she would have earned on the balance of the contract. The subcontractor will be entitled to recover the net benefit conferred on...
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...Termination of Case Management CJHS/420 May 25, 2015 Case management offers the potential for customized services, coordination, and a coherent, comprehensive approach to the problems of clients. It is not a magic bullet. The reality is that an effective case management effort is tough and time-consuming to implement. Whatever form it takes (and it takes many forms), case management is more likely to pave the way for valuable, but incremental, improvements in services rather than wholesale change. Case managers serve as surrogate parents, role models, counselors, social entrepreneurs, and political advocates. They nag, cajole, prod, and encourage clients. They pressure institutions to act responsibly or lubricate the gears between institutions. They make referrals, and monitor client fit. They deal with the client’s family life, work and school; social services and public institutions. They alter client behaviors strengthen client capacity to exercise self-determination and autonomy. With all those responsibilities, there is till the process of terminating case management services and providing the client with independent care for growth. Termination of case management services is appropriate on many occasions and may occur for a variety of reasons. In addition to procedures to insure a client’s due process rights, the case manager will use an assortment of skills to help the client successfully separate from the relationship. Termination of the case manager/client...
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...BSBHRM507A MANAGE SEPARATION OR TERMINATION TRAINING AND ASSESSMENT ACTIVITIES AND QUESTIONS The Trainee will be required to demonstrate competence on the job, in practical demonstration; observation, question/answer and role-play situations, incorporating verbal questions and written work, including completing workplace forms, either to the RTO Trainer or Supervisor, under the guidance of the RTO Trainer. Element of competency: 1. Develop policies and procedures for separation/termination of employment 2. Manage separation/termination processes 3. Manage exit interview process 1. What does ‘policy’ mean? Set of policies are principles, rules, and guidelines formulated or adopted by an organization to reach its long-term goals and typically published in a booklet or other form that is widely accessible. Policies and procedures are designed to influence and determine all major decisions and actions, and all activities take place within the boundaries set by them. Procedures are the specific methods employed to express policies in action in day-to-day operations of the organization. Together, policies and procedures ensure that a point of view held by the governing body of an organization is translated into steps that result in an outcome compatible with that view. HR policies are continuing guidelines on how people should be managed in the organization. They define the philosophies and values of the organization on how people should be treated, and from these...
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...Security company Security company Sam‘s Termination UNFAIR DISMISSAL Report Soo Shew Yeang, Team Manager Firrst Defense— 666 forest road Hurstville New South West Australia EMAIL: firstdenfense@gmail.com 27.10.2015 Introduction SAM is an employee of a small security company. She is upset because previously she has missed some projects and right now she is working at a project new programming language which is not she is not familiar with it. As manager I have been asked to assess SAM’s difficulties and track progress of SAM at workplace. SAM has been consulting to Doctor due facing stress problem at her work. In a meeting SAM walked off because of her poor health. The medical certificate has been filed with Human resource department when meeting was going to be held with me. Decision has been decided by supervisor, my Human Resources department and me to dismiss Sam on the basis of serious misconduct from Security Company by sending a registered mail to Sam’s personal mail address. SAM took an action by filling a case of unfair dismissal with Australia Industrial Relation Commission. SAM has won case of hearing because there was no evidence related to fair dismissal process of SAM. It was being analysed that due to poor management and loopholes in the Human Resources system. SAM won case and penalty was being paid to her. Company...
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...1. As project manager, you are near the end of your project. How should an audit team handle an audit, where it is explicitly restricted from accessing certain materials and/or personnel? There is a very special type of assessment where an auditor goes through an analysis of project management, methods, procedures, records, budgets, progress and so on. This type of evaluation is called an audit. Audits can occur in various time and topics. An organization can have a financial, project, systems, or compliance audits. The best time for a project audit can occur at the earliest possible time. This way a problem can be identified earlier and the project management and team can resolve it (Mantel et al., 2008). Audits can be performed in three different levels. One is the general audit. This type of audit is usually constrained by time and cost and limited to a short investigation. Next is called a detailed audit. This happens after a general audit and further investigation has to be conducted. The last type of audit is called technical. A team or person with special skills performs this type of audit (Mantel et al., 2008). Thus, in preparation for an audit, the team must use the following steps (Mantel et al., 2008): • Familiarize audit team with requirements of project • Audit project on-site • Write up audit report • Distribute report To have an effective audit, the team must have access to all of the project team’s records from various functional...
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...Dear Kathleen: This letter confirms that the date of termination of your employment with xxx. is Monday, July 21, 2012. If you are enrolled, your medical insurance benefits will extend through the end of the month in which your termination occurs subject to the usual employee co-payment contributions, after which time you may elect COBRA continuation of benefits. Further information about your COBRA rights will be sent to you. The effect on your other benefits is explained in the chart attached to this letter. If you have vested stock options as of the date of your termination, access your Charles Schwab account or contact Charles Schwab per the contact information below to exercise vested options. If you have questions about your benefits or stock, please contact the appropriate entity listed below. Plans administered through: Aetna Healthcare 888-220-1017 https://member.aetna.com/Member_Public/ Definity Healthcare 866-333-4648 www.definityhealth.com Vision Service Plan (VSP) 800-877-7195 www.vsp.com WageWorks – Flexible Spending Accounts 877-924-3967 www.wageworks.com Delta Dental/WA Dental Service 800-238-3107 https://www.deltadentalwa.com Conexis – COBRA 877-722-2667 www.conexis.org Magellan – Employee Assistance Program 800-523-5668 http://www.magellanassist.com/ Minnesota Life 800-843-8358 Putnam Investments – 529 Plan 800-685-6542 www.ibenefitcenter.com The Vanguard Group – 401(k) Plan...
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...Tenure and Termination Grand Canyon University: EDA 555 June 4, 2013 The greatest resource we have is our children. Parents entrust teachers to do educate and enrich children’s lives and to do so in a caring, safe, and to do so in a professional manner. There have been situations where sometimes the role of a teacher is misrepresented or compromised. These situations are sometimes not real, or they are a result of lies or hear say, but at other times they turn out to be true. Our society has taken measures to protect our children from being abused by adults. At the same time our society has also taken measures to protect teachers from certain injustices or false accusations. Many states have set in place tenure policies to protect competent teachers from malicious accusations but when do we draw the line? The law at times is not a well-defined contrast of black and white, and at times people need to decide on a shade of gray. Tenure is a form of job security that teachers earn after they reach a certain level of professionalism (Scott, 1986). When a teacher has earned tenure, they have the right to a continual teaching contract as long as they abide by the guidelines set forth in their contracts. It is believed that students benefit more from the experience and ability of a continuing contract teacher. Some of the protections that are extended to a tenured teacher are that they cannot be discriminated against based on their personal views, personality conflicts...
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...Offers may be terminated in any one of the following ways: Revocation of the offer by the offeror; counteroffer by offeree; rejection of offer by offeree; lapse of time; death or disability of either party; or performance of the contract becomes illegal after the offer is made. The general rule is that the revocation is effective only when it is made known to the offeree. Until it is communicated to the offeree, directly or indirectly, the offeree has reason to believe that there still is an offer that may be accepted. The offeree may rely on this belief. If the offeror seeks to revoke the offer, but the offeree accepts the offer before notice of the revocation, a valid contract is created. A conditional acceptance is a counteroffer. For example, if Jones accepts the $10,000.00 price, but adds a term by stating that new tires must be put on the car, this is a conditional acceptance and therefore a counteroffer. A rejection terminates an offer. A rejection is an offeree’s communication that an offer is unacceptable. When an offer states that it will be open until a particular date, the offer terminates on that date if it has not yet been accepted. This is particularly clear when the offeror declares that the offer shall be void after the expiration of a specific time. If the time passes, and the offeree attempts to accept the offer, this is in effect a counteroffer from the offeree and can be accepted or rejected by the offeror. If the offer does not specify...
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...with Termination At-will employment means that the employee or employer has the right "to end the employment relationship at any time with or without notice or cause." (FedEx Office: AllBusiness, 1999-2009) Involuntary termination is a touchy subject for employers and it can happen for numerous reasons: specific cause, such as stealing, poor performance, and layoffs due to lack of work. Even though most companies have an "at-will" relationship with their employees, it is still arguably illegal to terminate an employee for no reason. When it comes to termination, managers are faced with current moral and ethical issues. In a lot of companies, in addition to professional relationships, managers develop personal relationships with their employees. In most cases, employees spend a majority of their week (40+ hours) with their "work family." Co-workers learn about each other's families, extra-curricular activities, and personal problems. Even if managers try to separate themselves from their employees on a personal level, it is difficult to ignore new school pictures being displayed on their desks or avoid a discussion about a recent weekend vacation. When legitimate problems arise in a company which requires involuntary termination, the manager faces a dilemma. They must fire an employee because it is best for the company and ignore the thoughts of how it will affect their family and personal life. Often times, employees take the involuntary termination harder...
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...1. What was the legal issue in this case? Pregnancy Discrimination - Laxton was the target of discrimination because of her pregnancy and targeted with false causes which lead to her termination from the company. 2. What did the court decide? “The jury returned a verdict in favor of Laxton, awarding $127,000 in back pay, $57,000 in front pay, $100,000 in mental anguish, and $200,000 in punitive damages.” 3. What reason does the employer provide for Laxton’s termination? Gap claimed that Laxton repeatedly violated store policy and alienated those who worked for her which resulted to her termination. 4. What is the evidence of pretext in this case? The pretext in this case would be the allegation that Laxton hired a bank robber and the claims...
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...Julie D Freece Tracy Derks History223 20 July 2015 Termination, Relocation and Assimilation Termination, Relocation and Assimilation; three words used by the United States government to describe programs designed to solve the “Indian problem”. These policies would provide the Indians an escape from impoverished reservations and a chance to live the American Dream. To the Indians, these three words described the incalculable loss of the “old ways” which included their culture, heritage and language. Without the support of their communities, thrust into urban life, many Indians found the experience demoralizing. Despite the unduly positive assertions made by those supporting the policies, in reality, termination and relocation policies exacted long-lasting social havoc on Indians in general and for the tribes terminated the consequences were devastating. Following World War II, there were those who believed the cost of treaty obligations to the American Indians could be better spent on rebuilding Germany and Japan. These politicians subscribed to the notion that there were tribes who were ready to be part of main stream America and no longer needed the protection or assistance of the federal government. If adopted, the policy of termination would dismantle Indian reservations; allowing the resource rich land to be sold, with the proceeds distributed to tribal members. This would “free” the Indians from their reservations allowing them to become fully assimilated citizens...
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...Termination of Illegal Immigrants With the reputation as a national melting pot, America is known for its vast diversity in several aspects: ethnic, religious, and lingual diversity. Since America’s independence, millions of people have immigrated to this country seeking a better opportunity: education, freedom, quality of life and work. The Department of Homeland Security reports that in 2011 there were a total of 1,062,040 new legal permanent residents in the United States (Monger and Yankay). Whereas there are more than ten times that amount of illegal immigrants living in the US, estimated to be 11.5 million … with 35,000 illegal immigrants residing in Washington, D.C (Hoefer, Rytina, and Baker: Dane). Noel Merino defines ‘Illegal Immigrants’ as people who enter the United States unlawfully, or may be admitted on a temporary basis and stay past the date they are required to leave (14). Since America is a land of dreams and opportunity, thousands of people have taken the risk to come here and work without legal documentation which has led to various social problems. Illegal workers taking jobs from legal immigrants, the state and federal government losing tax revenue, unfair use of social benefits, fraudulent documents are counterfeited, and countless employers taking advantage of undocumented employees are all problems caused by illegal immigrants and could be fixed by lawful deportation back to their homeland. The main reason individuals enter the United States unlawfully...
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...statements and various accounting changes associated with the communication date and timing of the plan. Accounting for the One-Time Termination Benefits In accordance with the Financial Accounting Standards Board’s (FASB) ASC 420, Rump should recognize and measure the amount of one-time termination benefits at fair value on the date that the terms of the plan have been communicated to employees. Even though the plan was approved on December 27, 2005, the entity’s communication with employees on December 31, 2005 creates the obligation to provide termination benefits. The journal entry would include a debit to “Restructuring/Severance Expense” and a credit to “Liability for Termination Benefits”. The total costs recognized should be reasonably estimated and will be dependent upon how many terminated employees voluntarily sign a waiver of any right to legal action. All eligible employees must sign the waiver no later than January 31, 2006 and are allowed to leave at any time after December 31, 2005. Rump should report the effects of recognizing the termination benefits in Income from Continuing Operations before income tax in the 2005 and 2006 financial statements. In periods subsequent to the initial measurement and recognition on December 31, 2005, Rump should monitor any changes in either the timing or amount of the expected termination benefit cash flows. Changes due to the passage of time shall be...
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...action against her employer for wrongful termination. Issues 1. Does the plaintiff have the right to sue her employer for wrongful termination. 2. Does the employer have a good defense on just cause of firing. Applicable In the case of Steffens v. Regus Group, PLC, 2013 U.S. Dist. LEXIS 116536 the court denied a motion for a new trail. Under the rule Rule 49 of the Federal Rules of Civil Procedure were there is broadly contemplates...
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