Here in the US it's not so much what's explicitly stated in the so-called 'employment laws' (except in some special cases) it's more of what you can get a judge to agree to if a fired employee decides to sue the company and take it to court. This is why, as I mentioned earlier, when I was taking management classes at McDonnell Douglas we were told that if you could see that you were probably going to have to fire an employee for cause, that the first thing that you did was to contact HR and they would give you an outline of the steps that you needed to follow. This would include tracking when the employee arrived and left work, whether he took long lunches, excessive sick days, failure to complete tasks on time, deportment when in the office, anything that could be used to make the case that this person was not holding up his end of the log. And yes, you had to have conducted a minimum number of 'consultations' with the employee pointing out the issues that you were having with him/her and for heavens sake, don't give them a raise greater than the minimum that you were authorized or any sort of recognition or bonus during this period of time that you were 'keeping a diary' on him/her. And then when the times comes, you don't just tell the guy he's fired, you go to HR and they will handle it for you (you can be present, but they will do all the talking).
As I said, I was lucky. During my time in management I never had to fire anyone for cause (I came close once, but he quit just before he burned his last bridge). But you're right, you always felt bad even when it was 100% out of your control, such as during a general cutback or when someones job was just deemed as no longer needed. Of course, in those cases the person was generally given a chance to check if there was some other position in the company that perhaps he/she could be qualified for and while it was rare, it did happen occasionally.
One time, due to the elimination of an entire department, not so much because the company was having problems but simply because the tasks that this group performed were no longed needed, we had a very organized process. Now this didn't effect me or my people at the time since it was part of a sister organization, but what they did was put all the people in what was called the 'retraining pool' and they spent their time checking out other positions, updating their resumes, interviewing for potential new opening, taking a battery of new-skills training, etc. The ironic thing was that one of the guys was given a job that he described as the 'lifeguard' for the 'retraining pool' whereas he sort of made sure that these people didn't screw-off or waste their time since they were still getting weekly paychecks, as was he, since it was his organization which was getting the axe. Anyway a notice went out asking the managers in the other groups to seriously look at the members of 'pool' before going outside to file vacancies. Well we happened to have a slot we had been trying to fill that required a specific skill set (basic CAE expertise) and when we looked at the list of 'pool' members, the one guy who fit our bill was the 'lifeguard'. However his management had the gall to suggest that we wait until the rest of the 'pool' was cleared out before we could have him. I finally had to kick it up to my manager to get to someone who could overrule the other manager. It turned out to be a good move all around as a couple of years later I got prompted and transferred to Michigan and the 'lifeguard' ended in my job ;-)
John R. Baker, P.E.
Product 'Evangelist'
Product Engineering Software
Siemens PLM Software Inc.
Industry Sector
Cypress, CA
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