Republished from RMSA News

There are ways to minimize the risk of employment claims when disciplining or terminating an employee – above all else personnel actions must be done through substantiated facts, legally sound, and done professionally. To accomplish these, it is critical that employees know what rules to follow through employee handbooks and policy manuals.

Cities should have employees sign off verifying they received and reviewed the employee handbook and that they understand the rules and responsibilities outlined in them. Make sure to distribute handbooks to existing employees when updated. You can also hold meetings at various levels to review policies and field questions.

To prevent surprises, make sure your employee handbook outlines the expected performance for employees and that poor performance or policy violations could result in disciplinary action that could eventually lead to termination. You especially want to note those violations that lead to termination on the first offense. This will allow you to give warnings and be able to take progressive steps to try and course correct before termination. These should include written warnings that include the violation, what needs to be fixed, and a date by which the issue needs to be resolved. All warnings (verbal or written) should be documented.

Continued violations should lead to a final warning that outlines termination as the result should there be no improvement. Warnings are not needed for terminating an employee when the policy violation is severe and extreme such as assault, threatening colleagues, or profane speech to colleagues or customers.

Reminder: Washington is an at-will employment state, meaning employers do not need to establish cause or give notice before firing an employee. However, it is unlawful for an employer to fire or retaliate against an employee for discussing or filing a complaint about a violation of their protected rights. Per WAC 296-126-050(3), employees may also request reasoning for discharge by sending a written request for a signed written statement of the reason for discharge and the effective date.

All RMSA members can obtain free access to Zywave, RMSA’s HR and cyber resource to find more resources. Contact RMSA staff for more details.