People get fired for all sorts of reasons every day and most people in America don’t have any recourse when it happens. Can HR fire you? HR surely plays an important part in firing an employee. The HR managers oversee the termination while processing documents to legally sever the employee-employer relationship. The HR manager only manages the process and is rarely the decision maker for the firing.
The decision to terminate an employee mostly always comes from their manager or supervisor. HR’s role is majorly to coordinate the process, explain your rights and benefits when leaving an organization, and make sure your employer follows the law and the company policies.
One thing is for sure, the HR department does make for a convenient scapegoat, and plenty of conflict averse managers have blamed HR over the years to avoid taking responsibility for their decisions. Here’s what an employee need to know about HR’s role in the firing process.
Who makes the Firing Decisions
One question that comes to an employee’s mind is can HR force my manager or supervisor to fire me? The decision to fire an employee mostly comes from a department head or manager, a CEO or any other leader in a company. Firing happens for a number of reasons, including poor performance, failure to show up for work, poor workplace behavior, illegal conduct or simply violating company policies. The only time the HR manager can make the actual decision to fire an individual, is within their HR department.
Some people run afoul of the HR department. Still, the HR manager cannot force your manager to fire you. If you are fired thinking that your HR doesn’t like you, it most likely means that your manager didn’t like you.
More often than not HR is a scapegoat.
Human Resources And Layoffs
Here the employee is let go because the company eliminates that position or it falls short on budget, here there is no fault of the employee. In this scenario, the employee may be eligible for unemployment benefits. The human resource manager facilitates the layoff as well and oversees the process and paperwork. Layoffs are much different than firings and the employer can still offer positive letters of recommendation and references. Here the human resources manager remains present throughout the transition process.
Human Resource Mitigation
Mitigation and training are primary human resource manager responsibilities. HR managers train the company employees and educate them about policies regarding sexual harassment, workplace misconduct, etc. In many instances, the human resources manager is responsible for stopping the firing of an individual. Department managers and business leaders within a company must run the decision through HR before firing an individual. They may not have legal grounds and HR will recommend not firing to safeguard the company from legal ramifications.
The Role of HR in Terminating Employees
How does HR fire an employee? The human resource manager may deliver the news to an employee. Usually, the decision maker could be the supervising manager or the department head, will deliver the news with a Human Resources manager present. The manager may walk the employee to their desk or locker to collect personal belongings then escort them off the property. HR is working as a mediator to ensure all legalities are follow while being a neutral voice that simply works through the papers, answers questions and prevents any issues from further escalation.
It is up to HR to ensure that policy and procedure are followed and that everything is legally done. The best HR departments work to maintain employee’s dignity throughout the firing process.
The role of HR is not easy, and they are there to make a horrible event less horrible.
HR is there to answer any questions and concerns. Even after the face-to-face part, HR updates employee files and is available to explain anything you might forget during such a stressful time.
What Can HR Fire You For?
Reiterating again here, HR professionals rarely make a decision to fire anybody. In most organizations, the decision to fire an employee is made by a supervisor or manager. The local HR department clears the determination with the legal department or outside counsel and simply processes the paperwork. When the decision to fire someone has been made, HR can offer limited support and explain the following steps to the affected employee.
We’ve all been there. A situation at work arises and the action your management or the HR department takes has you scratching your head and wondering: are they really allowed to do that?
A dose of healthy skepticism is good—questioning situations that make you uneasy in your workplace can keep you from being taken advantage of, or maybe show you the signs for when to quit your job. But it’s important to remember that while a situation may make you feel uneasy, not everything that rubs us the wrong way at work is illegal.
When it comes to dealing with HR, determining the difference between company policy and the law is key, especially if you are a disgruntled employee.
With the exception of extreme situations, HR and your manager will have been in communication about your termination long before the actual meeting takes place.
Reasons Employees Can Get Fired
Damaging Company Property
Damaging company property is a fireable offense. Whether intentional or not, if your actions lead to damage of the company’s property or equipment, it would not take long for you to be fired.
Drug or Alcohol Possession at Work
Being intoxicated or taking drugs in the workplace will interfere with your o performance, and some drugs may be illegal as well.
Falsifying Company Records
This is not only unethical, but could result in long term legal problems for the company.
Misconduct
This being a broad category, from sexual harassment to bullying to criminal misbehavior. Unethical conduct, including lying, stealing, fraud, and industrial espionage, also falls within this category, avoid them.
Poor Performance
Fundamentally, if you are not fulfilling the duties outlined in your job description, you are also receiving warnings, or if your work requires oversight or often needs to be redone, you are not a good investment for the company.
Stealing
Not only is it illegal, but it’s a fireable offense. This includes petty theft, such as a box of pens or ream of paper, as well as stealing money or large items or equipment from the company.
Using Company Property for Personal Business
Most companies won’t mind if you use the office copier for a personal document or send an occasional personal email from your work computer. However, constant use of the Internet or office equipment for personal matters or for working on your side gig isn’t acceptable.
Excessive absences
Taking Too Much Time Off raise all sorts of red flags. Stay on top of attendance policies, and make sure you document everything. If you’re always late, frequently take sick days, or use more than your allotment of vacation days, employers will notice. Your absence could interfere with work getting done.
You can get fired for a million other reasons, but these are the most common and avoidable.
Should HR support workers?
Of course, they should, but sometimes that’s not enough to protect you from being fired. In theory, HR serves as a neutral third party. But it is also HR’s job to explain policy and what led to your termination. The line is fine, which is why I continue to say that HR doesn’t fire you. They are simply the messenger.
Final thought
HR is not just a firing mechanism. The department also exists to advocate for employees while maintaining a safe work place. It includes fighting against discrimination and other abuses in the workplace. HR is a layer of protection, not the enemy. What that all means is that HR is not primarily a firing mechanism.