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4 dismissal if the issue cannot be resolved dismissal

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4.Dismissal:If the issue cannot be resolved, dismissal results. Dismissal should beimmediate when there is gross misconduct or severe violations such as violence, theft, orfalsification of records.
MANAGING RESIDENTIAL PROPERTIES [RES201]35LegalIssueProperty managers must adhere to theWeingartenrights, which entitle unionemployees to the right to have a union representative or co-worker presentduring an investigatory interview when the employee is questioned to obtaininformation that could be used as a basis for discipline, or when a unionemployee is asked to defend his or her conduct.When the employee makes the request for a union representative or co-workerto be present, management has three options:1.Stop questioning until the representative or co-worker arrives.2. Call off the interview.3.Tell the employee that it will call off the interview unless the employeevoluntarily gives up his/her rights to the presence of a union representative orco-worker (the employee can always refuse).The Supreme Court has ruled that:1.The employee has the right to select which co-worker will be present.2.Management must inform the union representative or co-worker of thesubject of the interview.3.The union representative or co-worker can interrupt for clarification or objectto misleading or intimidating tactics.4.The union representative or co-worker can speak privately with theemployee.5.The union representative or co-worker can advise the employee on how torespond to a question.6.At the end of the interview, the union representative or co-worker can addinformation to support the employee’s case.For more information, visit the National Labor Relations Board at.To protect the company from litigation, it is important to handle disciplinary termination ascarefully as possible. Follow the “Cardinal Rules of Termination” as developed by the Society forHuman Resource Management (SHRM):Never immediately terminate.It is never prudent to terminate an employee on the spot. Ifnecessary, the employee should be “suspended subject to termination pending furtherinvestigation.”Ensure the investigation is thorough and well documented.Unbiased evidence shouldbe collected and managers or human resource personnel should not assume the role ofprosecutor.Conduct all interviews with care.The approach should be investigative, not adversarial.Weingarten rights must be upheld.Investigate promptly.Any misconduct should be investigated within 48 to 72 hours afterthe event. The employee should be advised of a decision within 24 to 48 hours thereafter.
MANAGING RESIDENTIAL PROPERTIES [RES201]36Always conduct a “final” review.Analyze all findings and recommendations beforemaking a final decision. Be sure that other employees have been treated the same way insimilar situations.

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Term
Fall
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Management, Corporate Finance, The Chaser, residential properties

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