After introductions, you should begin discussing this upcoming event with your managers (judges).

Spend as much time on each of the following questions as your group feels is necessary.

hy is this happening!

"ow will this impact the areas! "ow will the department managers plan for this without brea#ing confidentiality! "ow will the departments transition after the event! Anything else you feel your managers and supervisors would want to #now or need to #now.

$ach member of your team (individual) should deliver some piece of the conversation to the employees (judges).

riting up an employee%s performance review may confirm your suspicion that the individual and the organi&ation are so mismatched that employee termination is the right answer. 'r, perhaps during the course of the year, a person%s failure to respond sufficiently to your coaching, or his commission of an unacceptable offense, may cause the need to terminate. $mployee termination must be carefully planned, with the heavy involvement of human resources, if this assistance is available. (ut the responsibility for how to terminate an employee is the job of the manager and not that of the ") rep. Get to the Point Quickly *o begin, waste no time with small tal# or anything other than the job at hand. +n the movie ,erry -aguire, ,erry%s peer, a slea&y sports agent named (ob Sugar, ta#es him to lunch with the purpose of firing him. hile he%s portrayed in the movie as a slimeball, Sugar does one thing right. he gets right to the point. "e leads with a clear statement of the bad news he has to deliver. /+%m here to fire you, ,erry,0 he states within a minute of their sitting down. As ") e1pert 2ris 3unn notes, when you%re delivering bad, life4changing news, clarity is your friend. *he confusion related to small tal# is your enemy. "ere%s a brief, step4by4step guide to one of leadership%s most unpleasant duties. 5. Say, /"ello, 6name7. 8ome in and sit down. +%ve got some bad news for you.0 (Note. 8ommunications e1perts always advise that it%s important to set the appropriate tone for the meeting. (y starting with the statement, /+%ve got some bad news0 you have eliminated any confusion.) 9. State the reason for the termination in one short sentence. /As you #now, 6the reason for the termination.] :. Say, /As a result, it is my duty to let you #now that your employment with the company has been terminated as of today.0 (;ote. <se the past tense. Say, /=our employment has been terminated,0 not /will be terminated.0) >. (e specific about what will happen ne1t. pay, benefits, unused vacation time, references, outplacement, and so forth.

?. 8lose by than#ing the person for his contributions to the company. (Note. hile it may seem odd to than# someone you%re terminating for poor performance, almost everyone ma#es some contributions. $nding on a grace note can forestall future problems.) (e fully prepared to deal with all of the questions that invariably arise at the time the termination is announced 44 this is one time you won%t be able to say, /+%ll get bac# to you on that.0 -a#e sure you have answers to questions li#e these before you initiate the termination.

+s today my last day! hen should + leave! ill + receive severance pay! "ow much! ill + receive the bonuses + was eligible for! hen will + receive my last paychec#! ill + be paid for accumulated sic# leave or vacation time not ta#en! Am + eligible for unemployment insurance! ill you or the company provide employment references! provide a reference! hat will you say if you are as#ed to

hat will my cowor#ers and clients be told about my termination! ill my medical and insurance benefits continue! hen must + return company property such as a car, cell phone, and #eys! hat happens to my pension, profit sharing, or savings plans! 8an + continue to use my office or wor# area to loo# for a job! hen can + go bac# to my wor# area to get all my personal things! 8an + say goodbye to everyone before + go!

Employee Rights When Your Job is Terminated

When the economy slows, companies run into difficulties, businesses scale back their workforce, and layoffs increase. Rumors may start flying that lay-offs are imminent and jobs are at risk. In fact, if you look at what has happened with major corporations recently, downsizing is often not predictable. That s why it s important to be be prepared to change jobs, because a lay-off could happen to any of us, often without warning. It s also important to know what your rights as an employee are when you lose your job.

!ay Warren, counsel in the "ew #ork office of Bryan Cave LLP, shares his e$pertise on employee rights and options for seeking assistance if you ha%e &uestions about those rights, and'or if you belie%e you ha%e been discriminated against or ha%e been subjected to wrongful termination. Source of Employee Rights: Contract Rights (mployees who ha%e an indi%idual contract with their employer or employees co%ered by a union'collecti%e bargaining agreement would be co%ered under the stipulations in the contract if their employment is terminated. Company Policy When a company plans lay-offs it may ha%e a se%erance plan in effect. If so, severance payments may be pro%ided if your employment is terminated. Statutory Rights )tatutory rights are those pro%ided by federal or state law. They include unemploymentinsurance, ad%ance notification of the closing of or a substantial lay-off at a facility *depending on the size of the company+, anti-discrimination laws, and anti-retaliation laws. Getting nformation on Your Rights When you re not sure about your rights, the best place to start is with the company ,uman Resources department. (%en if they are in the process of terminating your employment, they can answer &uestions- let you know what company benefits you are eligible for, and can guide you through the process of lea%ing employment. !a"e a #uestion$ .heck out these answers to the most frequently asked questions about termination from employment, including reasons for getting fired, employee rights when you ha%e been terminated, collecting unemployment, wrongful termination, saying goodbye to co-workers and more. When You %eed !elp If you feel that you ha%e been discriminated against or ha%en t been treated according to the law or company policy, you can get assistance. The US epartment of Labor, for e$ample, has information on each law that regulates employment and ad%ice on where and how to file a claim. #our state labor department may also be able to assist, depending on state law and the circumstances. In addition, local bar associations often ha%e a referral ser%ice and may e%en ha%e a hot line you can call to find an employment lawyer. /eep in mind that you will need to pay for an attorney s ser%ices.

-inamahal naming Abogado ng bayan Atty. A@A, hindi na po a#o magpapaliguy4ligoy pa. ;ais #o pong ma#ahingi ng payong legal. Alam #o naman pong mayroon pong puwang lagi sa inyong puso ang mga maliliit lamang sa lipunan na gaya #o dahil matagal na #ita napapa#inggan sa 3ABC at nagbabasa a#o parati ng dyaryo mo.

*inanggal po a#o sa a#ing hanap4buhay dahil daw sa DredundancyD. (inigyan po a#o ng sulat na may pasubaling tatanggalin a#o isang buwan bago a#o tanggalin dahil hindi na raw nila #ailangan ang serbisyo #o #asi napa#arami na namin sa aming department.

(inayaran a#o ng separation pay at ng huli #ong sahod. Ayon po sa may4ari, nalulugi na raw po sila at hindi na nila #ayang magpasweldo ng napa#adaming empleyado.

Atty. A@A, nais #o pong itanong sa inyo #ung ayon ba sa batas ang pag#a#atanggal #o sa trabaho. Ewede ba nilang gawin iyon!

Umaasa, Mario A#o ay nalulung#ot na sabihin sa iyo -ario na i#aw ay maaaring tanggalin sa trabaho ng iyong your employer base sa DredundancyD.

Ang F)edundancy, for purposes of the Cabor 8ode, e1ists where the services of an employee are in e1cess of what is reasonably demanded by the actual requirements of the enterprise. (Almodiel vs. ;C)8, 99: S8)A :>5). Sa madaling salita, ang sitwasyong ito ay nagaganap #apag ang serbisyo ng mga empleyado ay sobra sa a#twal na pangangailangan o requirements ng isang negosyo.

Ang posisyon ay nagiging redundant if it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as overhiring of wor#ers, decreased volume of business, or dropping of a particular product line or service activity previously manufactured or underta#en by the enterprise. *he employer has no obligation to #eep in his payroll more employees than are necessary for the operation of its business. ( iltshire Gile 8o., +nc. vs. ;C)8, @.). ;o. H99>I, Geb. J, 5II5).

Sinasabing ang posisyon ay maituturing na redundant #apag ito ay sumusobra o Ddi na #ailangan bunga ng iba4ibang dahilan tulad ng sumobrang pagtanggap ng mga empleyado, #umonte ang volume ng negosyo, o #apag tinanggal ang isang produ#to o serbisyo na dating ginagawa o isinasagawa ng #ompanya. Sa ganitong mga pag#a#ataon, ay hindi obligado ang employer na panatilihin sa payroll ang mga empleyadong sobra sa operation ng #anyang negosyo.

Sama#atuwid, ang redundancy ay isang authori&ed cause para tanggalin ang isang empleyado. 2aya ang pagtanggal sa trabaho ayon sa ganitong #adahilanan ay legal. -aituturing #asi itong management prerogative para ma4ensure ang efficiency ng operation ng #anilang #ompanya.

*hus, it has been held that when there is need to reduce the wor# force, management has the right to choose whom to lay off, depending on the wor# still required to be done, and the qualities of the wor#ers to be retained. (Almoite vs. Eacific Architects K $ngineers, 5>9 S8)A L9:). 2aya #ung dumating sa puntong may #ailangan ng ibawas sa mga empleyado, ang namamahala ng #ompanya ay pipili #ung sino ang mananatiling magliling#od sa #anila at #ung sino naman ang tatanggalin base ito sa trabahong #ailangan pang gawin at mga #atangian ng mga empleyadong mananatili. +to ang nangyari sa iyo, dahil napa#arami na ninyo sa inyong departamento ay napilitan ang management na bawasan #ayo at i4retain #ung sino talaga ang #ailangan nila.

Subalit, ang pagtanggal ng mga empleyado dahil sa an authori&ed cause tulad ng redundacy ay legal #ung ang mga legal requirement ay #anilang sinunod (5) written notice on the wor#er and 3'C$ at least one month before the intended date of termination (9) payment of separation pay. Sa madaling salita, #ahit na recogni&ed as a valid ground for dismissal ang redundancy. 2ailangan pa ring sundin ang mga pata#arang ito. 2aya marapat na padalhan muna ng sulat ang empleyadong tatanggalin at ang 3'C$ isang buwan bago ang napipintong pagtanggal at dapat na magbayad sila ng separation pay.

(ase sa iyong #uwento, maliwanag na sumunod naman sa pata#aran ng batas ang iyong employer. ;a#a#alung#ot talaga na dahil sa hirap ng buhay ngayon ay naaape#tuhan ng labis pati ang mga #ompanya. 3ahil dito ay marami sa ating mga #ababayan ay nawawalan ng trabaho tulad ng sinapit mo. "angad #o na sana ay ma#ahanap #a na ng hanap4buhay sa lalong madaling panahon.

Points to Remember in Dismissal Cases

Q: What are the just causes for the dismissal of an employee? A: Under Article 282 of the Labor Code, an employer may terminate an employment for any of the following causes: (a) erious misconduct or willful disobedience by the employee of the lawful orders of his employer (b) $ross or and representati!e in habitual neglect by connection with the employee of his his wor"# duties#

(c) %raud or willful breach by the employee of the trust reposed in him by his employer or duly authori&ed representati!e# (d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authori&ed representati!es# and (e) 'ther causes analogous to the foregoing(

Q: What are the other authorized causes for the dismissal of an employee? A: Under Article 28) of the Labor Code, the employer may also terminate the employment of any employee due to the installation of labor*sa!ing de!ices, redundancy, retrenchment to pre!ent losses or the closing or cessation of operation of the establishment or underta"ing unless the closing is for the purpose of circum!enting the pro!isions of this +itle, by ser!ing a written notice on the wor"ers and the ,epartment of Labor and -mployment at least one (.) month before the intended date thereof( /n case of termination due to the installation of labor*sa!ing de!ices or redundancy, the wor"er affected thereby shall be entitled to a separation pay e0ui!alent to at least his one (.) month pay or to at least one (.) month pay for e!ery year of ser!ice, whiche!er is higher( /n case of retrenchment to pre!ent losses and in cases of closures or cessation of operations of establishment or underta"ing not due to serious business losses or financial re!erses, the separation pay shall be e0ui!alent to one (.) month pay or at least one*half (.12) month pay for e!ery year of ser!ice, whiche!er is higher( A fraction of at least si2 (3) months shall be considered one (.) whole year( Q: When is a dismissed employee entitled to separation pay? A: +he Labor Code re0uires a !alid cause to terminate an employee( /f there is no !alid cause, there is no !alid termination and the employer will be held liable for illegal dismissal( /f the cause of dismissal falls under any of the fi!e circumstances of Article 282, no separation pay shall be gi!en to the dismissed employee( /n dismissal cases falling under Article 28), separation pay shall only be re0uired if the dismissal is due to the installation of labor*sa!ing de!ices or redundancy( /n these two cases, the wor"er affected thereby shall be entitled to a separation pay e0ui!alent to at least his one (.) month pay or to at least one (.) month pay for e!ery year of ser!ice, whiche!er is higher( /f the dismissal is due to retrenchment to pre!ent losses or closures or cessation of operations of establishment or underta"ing not due to serious business losses or financial re!erses the separation pay shall be e0ui!alent to one (.) month pay or at least one*half (.12) month pay for e!ery year of ser!ice, whiche!er is higher( /n all cases, a fraction of at least si2 (3) months shall be considered one (.) whole year( 'n the other hand if the dismissal is due to retrenchment to pre!ent losses or closures or cessation of operations of establishment or underta"ing due to serious business losses or financial re!erses no separation pay shall be gi!en to the dismissed employee( Q: What are the steps to follow to ensure that the dismissed employee is given due process?

A: a( 4otice of ,ismissal 5 +he employer shall furnish the wor"ers a written notice stating the particular acts or omissions constituting the grounds for his dismissal( /n cases of abandonment of wor", the notice shall be ser!ed at the wor"er6s last "nown address( b( Answer 5 +he wor"er may answer the allegations stated against him in the notice of dismissal within a reasonable period( c( 7earing 5 +he employer shall afford the wor"er ample opportunity to be heard and defend himself with the assistance of his representati!e, if he so desires( d( 4otice of decision 5 +he employer shall immediately notify a wor"er in writing of a decision to dismiss him stating clearly the reasons therefor( e( 8eport on dismissal 5 +he employer shall submit a monthly report to the regional 'ffice ha!ing 9urisdiction o!er the place of wor", all dismissals effected by him during the month, specifying therein the names of the dismissed wor"ers, the reasons for their dismissal, the dates of commencement and termination of employment, the positions last held by them and such other information as may ber re0uired by the ,epartment of labor for policy guidance and statistical purposes(