Seven Tests of Fairness

July 07, 2005

Do you have an employee who is not performing up to your expectations? Are you trying to decide whether you should fire the employee or take some other course of action? There are many issues to consider, not the least of which is the potential legal liability it poses to the organization and to those responsible for making the decision.

Here are a seven questions to consider when making the decision to discharge an employee. As always, you should consult with your human resources specialist or legal counsel before making a final decision.

1. Awareness. Was the employee aware that the behavior could lead to discharge? For example:
   • Are there clearly documented policies and procedures that prohibit the behavior?
   • Was the employee aware of the policy or procedure that prohibits the behavior?
   • Was the behavior so egregious that the employee should have known it would warrant discharge?
      
2. Reasonableness. Is the standard or expectations of the employee reasonable in this case? For example:
   • Is there a clear business reason for the standard or expectation?
   • Are your expectations reasonable?
      
3. Fair Investigation. Have you made a conscientious effort to gather the facts of the situation? For example:
   • Did you discuss it with the employee?
   • Did you talk with others who might have knowledge of the situation?
   • Did the employee provide a valid reason for his or her actions in this case?
      
4. Impartial Review. Has the situation been reviewed by someone not directly involved? For example: a senior-level manager in the organization, a human resources specialist, or legal representative?
    
5. Sufficient Evidence. Is there sufficient evidence to reasonably conclude the employee was responsible? For example:
   • Is there written documentation to support the allegation(s)?
   • Were the facts determined through a careful and thorough inquiry into the matter?
   • Did you witness it first-hand?
   • If not, is there a credible witness who can verify the employee was responsible?
      
6. Consistent Enforcement. Is the standard or expectation consistently applied to all employees in similar circumstances? For example: if any other person, including your favorite employee had engaged in the same behavior, would you be recommending the same course of action?
    
7. Equitable Treatment. Is termination reasonable in this case, considering the level of severity of the employee's actions and the employee's prior history? For example:
   • Are the employee's actions serious enough to warrant discharge in this case, either by the nature of the actions themselves or through repeated occurrences?
   • Did the situation result in a complete loss of confidence in the individual's ability to continue in the job?
   • Do the severity of the employee's actions outweigh the contribution the employee has made to the organization? (Firing a 30-year loyal employee with a good work history for a relatively minor offense, for example, is not equitable).

If you answered yes to these seven questions, then you can be reasonably sure you are treating the employee fairly. If you answered no to any of these questions then you should take the necessary steps that will result in an affirmative answer.

Best regards,

Stephen Foster, Ph.D
Expert Supervisor, LLC
1493 Market Street
Tallahassee, FL 32312
(850) 893-5699

E-mail me at: Steve.Foster@ExpertSupervisor.com