In accordance with U.S. Supreme Court decisions, this is the procedure which must be followed before you terminate a staff employee, whether the termination is for disciplinary reasons or other work-related reasons.
If, after consultation with appropriate individuals in your area and the Office of Labor Relations, you decide to terminate a staff employee, you must attempt to hold a pre-termination conference before taking action. You should call the Office Of Labor Relations concerning the termination of union employees and your HR Consultant for the termination of Managerial, Professional, Supervisory, and Confidential (MPSC) employees. The purpose of this conference is to give the employee an informal opportunity to state his or her side of the case.
This pre-termination process is initiated by giving a letter to the employee which follows the format of the sample "Pre-termination Conference Notification Letter" (below) along with a DRAFT copy of the termination letter. If the employee is at work, deliver the letter there; if he or she is not, send it to the last known home address.
The conference should be held in a private setting. An employee who is represented by a union may bring a union representative to the conference; however, the union representative may not act as an advocate or interfere with the process in any way. The person considering the termination may wish to have a colleague present for the purpose of taking notes.
At the conference:
- In a point-by-point fashion, review with the employee your reasons for considering termination. If the employee requires an interpreter, arrange to have one there.
- Give the employee the opportunity to respond to each point.
- At the conclusion of the conference, ask the employee whether he/she wishes to make any further statements or has any questions.
- Tell the employee that you will let him or her know your decision promptly.
After the conference:
- After reviewing the information presented at this conference, determine whether you still wish to terminate the individual's employment or impose some lesser discipline, or investigate the matter further.
- If you decide to terminate or to issue lesser disciplinary action, follow through promptly. If you plan to investigate further, advise the employee in writing of the outcome of such investigation and your final decision promptly.
- If you have questions about any aspect of this procedure, please call the Office of Labor Relations at 848-932-3020 or your HR Consultant at 848-932-3020.
Please see the templates below for pre-termination letters for union and non-union employees.