What Is the Role of HR During an Employee Termination?

by Sherrie Scott, Demand Media
Human resources must inform workers of their rights upon termination.

Human resources must inform workers of their rights upon termination.

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The human resources department oversees most aspects of an organization's employee relation responsibilities including recruitment, hiring and termination. The department makes sure the employer has complied with employment and labor laws in making the decision to fire an employee. It also ensures worker's rights are protected during the termination process.

Interpretation of Employment Laws

Several employment and labor laws prohibit employee termination on the basis of legally protected characteristics. The HR department interprets employment and labor laws to ensure the employer does not intentionally or unintentionally violate the worker's rights. Anti-discrimination laws such as Title VII of the Civil Rights Act of 1964 and the American's With Disabilities Act prohibit terminating an employee based on protected characteristics like gender, race, nationality, sexual orientation or disability. Human resource's role in the termination process is to review the reasons for the termination and ensure compliance with public policy and laws that prohibit discrimination.

Reason for Termination

Along with the worker's supervisor or manager, human resources is responsible for explaining to an employee the reason for the termination. If the worker is terminated for misconduct, harassment or other reasons, human resources explains why the employee's actions are in violation of company policies. Human resources also documents the employee's actions and responses to the termination. For instance, if the employee makes threats to the employer, human resources documents the behavior and takes the necessary steps to ensure the safety of other workers.

Last Paycheck

The HR department typically manages employee payroll. Depending on the jurisdiction, some employers must issue a terminated worker his final paycheck immediately, whereas others have through the following pay period to issue a last paycheck. During an employee termination, human resources staff must accurately calculate and issue an employee's final paycheck. Human resources must also settle disputes that arise from an employee's last paycheck. For example, if a terminated employee insists the number of hours on his final paycheck are incorrect, human resources must investigate the claim and make corrections if necessary.

Continuation of Benefits

During an employee termination, human resources must inform the worker of his rights to continue employer-sponsored health benefits if he participated in a plan. A terminated employee has the right to continue group health insurance through the Consolidated Omnibus Budget and Reconciliation Act (COBRA). Human resources staff must inform the worker, as well as any dependents, that they qualify for continuation of coverage. Human resources must also notify the benefit plan's administrator of the worker's eligibility for COBRA coverage within 30 days of the termination.

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