Termination of Employment: Manager-Employee Agreement & Legal Protections - Essay Sample

Published: 2023-11-15
Termination of Employment: Manager-Employee Agreement & Legal Protections - Essay Sample
Type of paper:  Essay
Categories:  Management Employment
Pages: 7
Wordcount: 1775 words
15 min read
143 views

Introduction

Termination of employment can be established by either the worker or the manager. However, all employees are protected by the law, and this controls managers from engaging in unnecessary termination. Terms of terminations are a critical aspect that the manager and employees should highly consider before engaging in the process. Under the common law, the manager may terminate employment based on the agreement. The approach is highly experienced where the manager and employee had an agreement on when the contract should end. In this case, the termination of the contract is based on a mutual agreement between the parties. Additionally, termination may occur if any employee engages in misconduct activities. According to the Employment Act, Section 44, misconduct is a critical aspect that managers may use to terminate the contract. Normally, a worker may engage in misconduct such as theft, which triggers to poor performance and even massive loss, and this may hinder the performance of a business. Some of the misconducts are associated with damage to companies’ properties, thus affect how activities are conducted. The provision of false information is another aspect associated with misconduct among employees, and this may impact the manager to terminate the contract.

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A manager may terminate the employment if the worker dies, particularly before the expiration of the time of contract. In this case, death creates a vacant, and hence, the manager is forced to deploy another individual within the position. When the death of a worker occurs, the company experiences a challenge in achieving the goals, and this forces manager to terminate the contract in order to employ another person. Furthermore, a manager may terminate the employment if the medical examination of a worker illustrates that they are not fit for a particular duty. The approach may occur due to sickness or accidents, which affect their ability to conduct normal activities. Therefore, the manager may terminate the contract as the condition may be posing a danger to the worker’s health. In such a condition, health is a key factor that the manager considers before signing the termination contract. Generally, when an individual experiences a health challenge, they tend to perform poorly, and this affects how the company conducts activities. Violating of company’s policy is another critical reason that managers may use for the termination of an agreement. Each company has different policies that guide how they conduct activities. Hence, violating these policies is perceived as immoral, and the manager may detail the issue by terminating the employment agreement.

The Do’s in Termination of Employment

As a manager, it is crucial to give as much warning as possible before making the decision to terminate the contract. The approach demonstrates that employee conduct is the key aspect that has driven to the termination of the contract. During the process, it is crucial for a manager to discuss with an employee face to face, and this may assist in showing them the need for observing numerous rules. After making the decision to terminate the employment contract, it is crucial for a manager to conduct the process within 15 minutes. The period gives both parties an opportunity to ensure all activities required are fully included, and hence, reducing the chances of argument.

Additionally, it is crucial for the manager to provide a written illustration of the severance advantages. The technique provides background evidence that the manager may use to defend the conceptual action of terminating employment. The severance advantages highlight the benefits that the employee may receive after the termination of the contract. In addition, it is crucial for the manager to ensure they provide outplacement services away from the firm headquarters. Furthermore, it vital to ensure the manager is responsible for informing about the termination, thus reducing the rate of conflict that may arise, especially if the data is delivered by employees. Despite the termination, it is crucial for the manager to show gratitude and appreciation for what the worker has done within the period of contract. The approach ensures the worker leave the environment in a friendly way, and this impacts their attitude toward how company treatment. However, appreciation is determined by the reason for termination. Some causes of termination, such as misconduct, do not attract any form of appreciation, as the employee has to lead the company to damage.

The Don’ts in Employment Termination

During the termination, it is crucial for managers to ensure that they inform the employee of the causes of termination. The approach helps in controlling any form of confusion that may arise during the process. Normally, informing the employee the cause of the termination creates a comparative condition, thus preventing unnecessary conflict. Additionally, the manager should not allow a period for debate during the termination process. The method prevents any aspect from interfering with the decision.

Additionally, the manager should not make it personal comments regarding the termination of the contract. As such, it is crucial to ensure the conversation maintains the line of professionalism, and this may be supported by policies and rules within the organisation. Usually, keeping the conversational professional helps in eliminating conflict of interest among managers.

The manager should not terminate the contract unless the worker has formed as a scene within the organisation. Furthermore, leaders should not terminate the agreement on important dates of the company, such as an anniversary, as it gives workers an opportunity to celebrate their handwork within the firm. On health status, the manager should not terminate the contract during conditions such as maternity leave or just return to work, which may create a conflict condition within the organisation.

Informal Communication

In an organisation, communication is a critical aspect that impacts how activities are conducted. Most organisations use both informal and formal communication. Normally, informal communication is deployed in case of an unofficial transfer of the message. This form of communication flows upward, downward, or horizontally, and hence, it does not follow any rules of predetermined structure within the company. Additionally, informal communication occurs in numerous aspects, such as gossips, complaints, and much more. Different organisations have a diverse way in which informal communication is conducted. Currently, the establishment of social media platforms has assisted most employees in communicating rumours or any other form of unofficial information. Informal communication is perceived as a major technique that minority groups and junior employees use to raise their issues. However, the kind of message that uses an informal approach should comply with the rules and principles of an organisation. If the information is not effectively managed, it may affect the trust and confidence of parties within the organisation, and this may affect how activities are conducted. Additionally, informal communication may occur in a single strand, probability, and cluster chain, and hence, it is highly experienced where the leadership system within an organisation does not have a direct link between junior and senior workers.

Steps for Managing Negative Informal Communication

The manager has a vital role in managing informal communication. As such, it is crucial to establish several steps that guide in controlling negative unofficial communication within the organisation. Firstly, it is essential for a manager to listen to the information spread through an informal approach. In this step, the manager should examine the facts associated with particular information. As such, the manager should observe the sources of email, and the accuracy of the information should be determined by the source. Understanding the source of information may assist the manager in determining the conceptual evidence surrounding the rumour. The lack of evidence is a clear illustration that the rumour may have some negative aspects. In the case of electronic sources, the manager should select the emails that need urgent attention. The emails should be sent from specific individuals within the organisation. The approach helps the manager is focusing on emails that contain negative information for any person within an organisation. Additionally, a search of facts within particular information helps in eliminating the confusion that exists among workers, thus improving their participation in numerous activities, and this acts as an approach in the prevention of negative rumours.

Secondly, the manager should prevent negative information by highlighting important events that are related to the data. The events should be supported by facts to provide a good background for eliminating negative information within an organisation. Evidence on a particular even is a critical aspect that managers may use to avoid workers or any other party from engaging unnecessary information, within the aim of influence how activities are conducted. In this step, it is crucial for the manager to establish open communication. Through the introduction of open communication, the affected parties are given the opportunity to raise their arguments. The approach helps the affected workers to discuss a wide form of activities, thus instilling trust among other employees. Additionally, the step helps the manager in demonstrating how the organisation focuses on improving the performance of workers, thus enacting their confidence.

Thirdly, the manager should neutralise the rumours by putting aside the ridiculous information. The approach helps in demonstrating the factual aspect that is associated with a particular rumour. In case the information contains a negative aspect, it is crucial for the manager to deny it. The technique assists in controlling the spread of the rumour, thus preventing negative impact that could occur due to the sharing. Through the step, workers are impacted to understand that the information does not comply with the requirement of the organisation. In this step, it is crucial for managers to ensure the new information is consistent, and refute the negative data. The approach helps in eliminating the contest that is brought by rumours. Based on the nature of information, the manager may select a spokesperson with good background information and skills regarding a particular field, thus demonstrating the factual approaches that are violated by a particular rumour. As such, a spokesperson is used to undermine rumours, thus influencing people to acquire the right data regarding the conflicting issue.

In the third step, it is essential for the manager to hold a special meeting among those who are affected. The approach helps the management in communicating and discussing the issue. In most cases, the management engages teaching programs, which are deployed to inform people about the conceptual aspect associated with the rumours. Through teaching, workers are informed about the evidence, thus understanding the matter. The approach is used in promoting trust and confidence among workers and management, thus improving working performance. Additionally, the technique assists workers in understanding the kind of information they are supposed to rely on, thus avoid collecting negative data, which may trigger other critical issues within a firm.

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