You're Fired! Firing Computer Professionals : The IT Manager Guide for Terminating with Cause

by Unknown

• ISBN13: 9780974448640
• ISBN10: 0974448648
• Format: Trade Paper
• Copyright: 2005-07-01
• Publisher: Rampant Techpress

Summary

IT managers will find the justification they need to fire an IT professional and protect their organization from significant expenses with the advice outlined in this book. The nature of the fiscal duty of manager to computer employees and the rules of ethics, disclosure, and proper use of computing resources are discussed. IT managers will learn the complex corporate obligation included in providing severance packages and unemployment and retirement benefits, as well as how to navigate state employment-at-will laws.

Author Biography

Robert Papaj is an IT manager with more than 20 years of database management experience. He is an Oracle Master in database administration, technical support, application development, and application center consulting, and the author of Oracle Databases on the Web. He lives in Rochester, New York.

Table of Contents

Acknowledgements	1	(1)
Preface	2	(1)
At-Will and Just-Cause Employment	3	(26)
Introduction	3	(1)
Just-Cause Employment	4	(2)
Factors That Can Change an At-Will Agreement	6	(9)
Discrimination	6	(1)
Violation of Public Policy	7	(1)
Formal Employment Contract	8	(1)
Implied Employment Contract	8	(2)
Offer Letters	10	(5)
Essential Elements of an At-Will Agreement	15	(12)
Duty to Employer and Best Efforts	15	(1)
Appearance	16	(3)
Performance	19	(1)
Exempt Status	20	(1)
Professional Certifications and Associations	20	(1)
Personal Time Off (PTO)	21	(1)
Termination Under At-Will Employment	22	(1)
Non-Disclosure of Employer Information	22	(1)
Adherence to Employer Policies, Procedures, and Directives	23	(2)
Employer Facilities, Systems, and Instruments	25	(1)
At-Will Disclaimer	26	(1)
Conclusion	27	(2)
Baseline for Measuring Job Performance	29	(31)
Specific Measurements	29	(5)
Commitment Plans	30	(1)
Managing Workload	31	(1)
Intangibles	32	(2)
Performance Appraisal Measurements	34	(23)
Values	34	(1)
Policies and Directives	35	(1)
Quality of Work	35	(1)
Quantity of Work	36	(1)
Knowledge	36	(1)
Communications	37	(1)
Interpersonal Skills	38	(1)
Teamwork	39	(1)
Responsiveness	40	(1)
Organization and Planning	41	(1)
Problem Solving	41	(1)
Adaptability	42	(1)
Creativity	43	(1)
Initiative	44	(1)
Follow-Through	44	(1)
Resourcefulness	45	(1)
Decision-Making	46	(1)
Documentation	47	(1)
Staff Development	48	(2)
Technical Skills	50	(1)
Leadership	50	(7)
Conclusion	57	(3)
Just-Cause Reasons for Firing IT Professionals	60	(27)
Just-Cause	60	(1)
Poor Job Performance	61	(6)
Productivity	61	(2)
Lack of Skills	63	(2)
Quality of Results	65	(2)
Abusing Work-hours and Attendance Rules	67	(2)
Theft	69	(1)
Improper Use of Company Resources	70	(4)
Inappropriate E-mail Use	71	(2)
Surfing the Web	73	(1)
Harassment	74	(2)
Willful Disobedience (Insubordination)	76	(2)
Alcohol and Illegal Drug Use at Work	78	(3)
Fraudulent Credentials	81	(1)
Acts of Moral Turpitude	82	(3)
Conclusion	85	(2)
Disciplinary and Firing Processes	87	(19)
Benefits of Progressive Discipline	87	(1)
Discipline Policy	88	(1)
Progressive Discipline Process	89	(15)
Gather the Facts and Evidence	90	(4)
Discuss the Situation with the Offending Employee	94	(4)
Applying Discipline	98	(1)
Firing the Employee	99	(5)
Conclusion	104	(2)
Restrictions on Firing	106	(36)
Introduction	106	(1)
At-Will Employment	107	(7)
Whistleblower Laws	108	(2)
Implied Contract Limitation	110	(1)
Public Policy Limitation	110	(3)
Bad Faith Limitation	113	(1)
Federal Employment Laws	114	(27)
Title VII of the Civil Rights Act of 1964	115	(8)
Age Discrimination in Employment Act of 1967 (ADEA)	123	(3)
Americans with Disabilities Act of 1990 (ADA), Titles I and V	126	(6)
ADA: Medical Examination and Inquiry	132	(2)
The Civil Rights Act of 1991 (CRA)	134	(1)
Family and Medical Leave Act of 1993 (FMLA)	135	(3)
Immigration Reform and Control Act of 1986 (IRCA)	138	(1)
Employee Retirement Income Security Act of 1974 (ERISA)	138	(1)
Sarbanes-Oxley Act of 2002	139	(2)
Conclusion	141	(1)
Guidelines for Avoiding and Defending Lawsuits	142	(36)
Guidelines for Employment Decisions	142	(35)
Provide neither Verbal nor Written Promises of Job Security	142	(1)
Maintain Policies Regarding Common Just Cause Firing Behaviors	143	(2)
Effectively Communicate Termination Policies and the Consequences of Policy Violations	145	(1)
Provide Regular Evaluations	146	(1)
Associate Employer Policies with the Efficient, Orderly, and Safe Operation of IT Functions	147	(1)
Consistently Apply Policies to All IT Employees	147	(3)
Document Credible Evidence of Policy Violations	150	(2)
Do Not Alter Company Records and Documentation	152	(1)
Perform Firing Policy Investigations in a Fair and Objective Manner	152	(2)
Avoid Bad Timing	154	(1)
Treat Fired Employees with Respect	154	(1)
Consider Release Agreements	155	(1)
Providing a Job Reference	155	(2)
Paying Severance	157	(1)
Releasing an Employee from a Non-Compete Agreement	158	(1)
Allowing for Resignation	159	(1)
Define a Policy for the Monitoring and Use of the Internet and Emails	160	(2)
Do Not Settle Frivolous Lawsuits Out of Court	162	(2)
Proceed Carefully When Requiring Non-Compete Agreements	164	(2)
Pursue Arbitration	166	(1)
Take Immediate Action to Address Harassment	167	(1)
Treat Complainants with Care	168	(1)
Consult with Counsel and Human Resources Professionals	169	(2)
Contemplate Acquiring Insurance	171	(1)
Develop IT Managers to Avoid Personal Liability	172	(1)
Ensure a Tolerable Working Environment	173	(1)
Respect the Rights of Military Service	174	(1)
Screen Job Applicants	175	(2)
Conclusion	177	(1)
Preventing Violence When Terminating IT Professionals	178	(28)
Workplace Violence	178	(1)
Plan Ahead	179	(25)
Provide Ample Opportunity to Improve Behavior	179	(1)
Avoid Surprises	179	(1)
Be Sensitive to Other Potentially Compounding Events or Factors	180	(1)
Be Aware of Trigger Points of the Employee to be Fired	181	(1)
Do Not Get Drawn Into a Confrontation	182	(1)
Stay Calm and Clear-Headed	182	(1)
Have Security Arrangements in Place	183	(1)
Prohibit Firearms and Other Weapons	184	(1)
Keep the Termination Meeting Brief	184	(1)
Maintain the Self-esteem of Employees Being Fired	185	(1)
Implement Anger Management	185	(6)
Make Use of Conflict Management	191	(5)
Utilize Crisis Management	196	(4)
Define a Company Policy Concerning Workplace Threats and Violence	200	(1)
Establish a Company Hotline	200	(1)
Provide an Employee Assistance Program (EAP)	200	(1)
Prohibit Unsupervised Movement Throughout Company Facilities	201	(1)
Maintain Consistent and Fair Discipline Policies	202	(1)
Be Aware of the Potential for Self-Inflicted Violence	202	(1)
Take Additional Precautions to Prevent Post-Termination Violence	203	(1)
Conclusion	204	(2)
Index	206	(4)
About Robert Papaj	210	(2)
About Mike Reed	212