To Terminate An Employee or Not

The Decisionindex

You made the decision to terminate an employee for the good of the organization and your other employees.  This could be the most difficult, stressful time in your professional life.  The essentials become to “dot the i’s and cross the t’s”.

To help you with the decision to terminate an employee, call an expert for help.  You need Don Swift, the Human Resources (HR) expert.

 The Law in Texas

In Texas, you may terminate an employee for:

  • Cause – An employer discovers an employee with stolen company property, continually poor performance, or a breach of other terms of employment.
  • Reduction in Workforce
  • Just Because – An employee with an annoying personality creates problems with others in the workforce.
  • Voluntary Termination – The employee decides to terminate the employment.

Any termination puts the employer at risk of being sued.  Even when the employee leaves voluntarily, he may claim unfair treatment or discrimination.  Sorting out the legal and emotional issues to protect the employer’s interests and limit financial exposure to a claim requires expert assistance.

The Terminated Employee

Many terminated employees look for ways to take legal action against past employers.  A past employee goes through three stages when terminated.  We call the first stage the “I didn’t do anything wrong” stage. The second stage begins with anger, whereupon the past employee seeks a lawyer.  The final stage occurs with action against the former employer.

The Employer

A previous employee accusing an employer of wrongful dismissal causes some of the most emotional and financial issues you’ll face.  You’ll face a full range of emotions when presented a claim for wrongful dismissal.

Be Prepared

Call an expert prior to termination to protect your interests.  One call helps you address the stress and emotion of the decision to terminate an employee.  The termination process requires a judiciously calculated manner.

You need help with:

  • The correct process for discipline.
  • Due process provided to the employee as the opportunity to improve performance.
  • Correct documentation provided to the employee.
  • Complete personnel records.
  • Providing a witness to confirm the employee was appropriately addressed.
  • Preparations for the inevitable; legal action against you and your company.

The Expense

Contracting a professional saves you money and acts as your insurance policy, so you face any claim of wrongful dismissal with confidence.  You protected your interests and reduced your risk of legal and financial exposure in every way possible.

Call the Experts

Termination of an employee transpires into a very complex process.  Don Swift and Associates expertly guide you through the termination process.  Their experience protects your company and you from emotional and financial attacks of a previous employee.

Call Don Swift at 940-228-0550 for help in the Wichita Falls, Texas area.

 

 

 

Manage Your Workplace Anger

indexThe series called Suits on television displays the perfect example of workplace anger in action. The anger on the show captivates the audience, however anger in the real life workplace has a much different effect on employers and employees.

I have watched all of eighty-four of the episodes of Suits.  If you have not seen the series on USA Network, the show is great one to watch to see workplace anger in action.

I know it is a show.  It would not be so captivating if there were not so much anger.  But, the show is a show, and real life is much different.

The Basis for Workplace Anger

Anger in the workplace could be caused by the culture of the organization, for example, a boss thinks anger demonstrates leadership. This actually happened to me with one of my first jobs.  When the paper-making machine broke down, the supervisor physically threw me against the wall.  His violent reaction exhibited not just anger, but a life-threatening incident.  Human Resources helped me out.

No matter how hard you try, at some point in your work life, you are going to become angry.  The way you deal with your anger makes all the difference, especially if you are the boss or supervisor.

Manage Your Workplace Anger

  • Don’t allow anger to get the better of you. If the anger stems from you, remember words can never be taken back. Learn to manage your anger appropriately.
  • Be a great listener. A normal human emotion like anger needs to be expressed in an appropriate manner.
  • Pause and search for the root cause. Anger is usually a reaction to an issue which could be bothering an employee or the boss.
  • Control your words and actions. Chuck Swindoll said, “Life is 10% what happens to you and 90% how you react to it. The remarkable thing is, we have a choice every day regarding the attitude we will embrace for that day”
  • Don’t let people annoy or upset you. When people find specific ways to annoy others, they’re the ones with the problem.
  • Engage your mind before your mouth. Take a walk to cool down or a few hours before composing a note about your point of view.
  • Call Don Swift and Associates, a leading Human Resources consulting firm in Wichita Falls, Texas. Don years of HR expertise will defuse any negative situation.

Call Don Swift Today

Anger in the workplace elicits all varieties of emotions and consequences.  All of them can be detrimental to you and your company by losing good employees. Before the anger in your workplace gets to this point, Don Swift offers advice and guidance.  If the situation in your workplace has become detrimental, call Don Swift for advice and guidance.

Call Don Swift at 940-228-0550 for all your Human Resources needs.  He’s the best!

 

 

 

 

 

Elder Mediation

indexDon Swift, an HR specialist in Wichita Falls, Texas, mediates disputes between family members and within many different business environments. He has now added Elder Mediation to his repertoire.

In a family setting, Don has helped clients resolve financial, personal, and professional disagreements.  He says, “I’m now seeing more issues arising with elder family members.”

What are Elder Disputes

Don Swift outlined elder disputes as typically occurring when family members attempt to talk an elder member into an action the elder doesn’t particularly want to do.  A dispute usually develops as a result of financial issues or an adult child believing he knows best.  Don also outlined that there are times when “medical conditions are involved, which can create a separate set of challenges.”

Don made a statement about the change in family dynamic when members don’t agree.  He said, “I’ve seen families torn apart, arguing about what each member thinks is best.”

Elder Mediation

Don Swift has risen to the challenge of mediating elder disputes many times.  He said, “Elder meditations are always emotionally charged. I use my mediation skills to help the family work through their issues.  Sometimes a family dispute ends up in court.  Elder mediation is a positive way to address issues without going to court.”

Mediation is an efficient way of discussing and solving problems.  Don Swift suggests, “Court is the avenue of last resort.”

Staying Abreast of Best Practices

Don Swift recently attended an “Elder Mediation Training Conference” held May 20th and 21st in Houston, Texas.  Don stays abreast of best practices and shows his continued commitment to his clients through continuing education of this type.

The Elder Mediation Training provided 20 hours of presentations from a number of professionals addressing:

  • Understanding medical conditions and the impacts on decision making.
  • The incidence of depression with elderly people
  • Maintaining elder independence and other options
  • Legal and financial planning issues
  • Ethical issues
  • Mediation with family members not wishing to participate

Don Swift Will Provide Mediation

Don’t let a dispute with an elder family member destroy your family.  No dispute is worth tearing your family apart or the consequences of going to court.  If you’re involved in a family dispute with an elder family member, you’ll need Don Swift.  He’s an expert in dispute mediation and resolution in Wichita Falls, Texas.  Don has many years of experience in dispute resolution.  He’ll help you find a positive   resolution to any dispute.

Call Don Swift and Associates today at 940-228-0550.

 

Small Business Mediation

indexSmall businesses, like corporations, occasionally find themselves in conflict with neighboring businesses, employees, customers, vendors, and even with business partners.  Unlike corporations, small businesses often don’t have the legal, public relations, and human resources to manage these conflicts.  Therefore, when there’s dispute, does a small business mediate or litigate?

What is Mediation?

Mediation involves the use of an independent third person, a mediator, who works with both parties in the dispute to informally negotiate an agreement.  Mediation differs from arbitration, where a third person hears the evidence contested between the two sides and acts as judge, rendering a legally binding agreement.

Mediation resolves disputes effectively, eliminating the need for legal action.  It’s more cost effective for a small business to reach a resolution through mediation. There’s an efficient, flexible process for resolving a multitude of disputes such as:

Employee conflict.
Contract performance disputes.
Partner disagreements.
Disputes with neighboring property owners

Mediation, a purely voluntary option, only works if the two parties want to succeed.  If the issue remains unresolved, litigation would be the final step instead of the first, more costly choice.

Why Not Begin with Litigation?

Costly litigation takes considerable time and redirects resources normally applied to running the business.  There’s an interruption in the “quality of life” for the small business owner, often a member of the local community where the vast majority of conflicts arise.  Conflicts undertaken in court usually become a nightmare.

Court decisions culminate with a winner and a loser, typically resulting in long-term damage to personal and business reputations, no matter what the decision.  A lawsuit should always be a last resort.  That’s the reason you need Don Swift and Associates, offering high-quality, professional mediation services.  Don assists you as you weave your way to a solution in an amicable, positive environment.

A Case In Point

An employee claimed payment through a contract, which was contested by the employer.  Termination of the employee wasn’t an option to settle the conflict.  The employer didn’t wish to lose an excellent employee, and the employee wanted to resolve the issue in a positive environment.

They agreed mediation was the answer, and gave Don Swift a call.  As a skilled negotiator and mediator, Don follows a robust and respectful process for resolving disputes.

Listening to the arguments of both parties, Don clarified the intention of the contract.  At that point, both sides explained what each believed the contract said.  Recognizing the contract didn’t clearly outline the facts as each party understood them, a resolution was reached due to mediation.

Finding a solution in this situation was clearly because both parties wanted it.  They agreed and resolved the issue on the basis of their original contract.

In this case, mediation settled the dispute, the employer kept the employee, and the employee continued to work.  They experienced the value of mediation.  It’s purely a voluntary process allowing the parties to agree on the basis of what each person wants and needs.

Don Swift and Associates

Don Swift uses positive resolution for solving disputes between parties.  Don’s thoughtful mediation builds a path to dispute solution with respect to businesses and individuals.

Don’s comments about his role in mediation, “A large focus is allowing the emotional energy to take the parties to a positive resolution. Because a tremendous amount of emotion builds between parties, my approach allows people to express themselves openly. I peel back the layers of the onion and reconstruct the story in a thoughtful and logical way to expose the issues and possible solutions.”

Contact Don Swift and Associates for a no-cost, no-obligation consultation if you need mediation or want to learn more about the process.  You and your business will benefit from a positive solution mediated by Don.

Call Don Swift and Associates at 940-228-0550 for leading-edge mediation services in the Wichita Falls, Texas area. 

 

Pointers for Business Success

donWe can always learn from others to work better or differently to achieve success. Whether it’s in our personal lives or in business, we can always do better.  Don Swift of Wichita Falls, Texas has developed a number of principles for you to consider when you decide to achieve success by performing better.

Who Is Don Swift?

Don Swift is the founder of Don Swift and Associates Ltd., a management consulting firm centered in Wichita Falls, Texas.  Don is a highly skilled management and personal consultant.  He focuses on Human Resources in business, but is also an exemplary life coach.  Life coaching helps people achieve their personal best.  Don is also a skilled counselor and mediator who regularly handles business mediation, personal counseling, and family conflict mediation.

If people find themselves in conflict, whether business or personal, Don Swift is available to positively resolve those conflicts.  Don’s goal is to help you define a clear and concise plan for achieving success.

A Few of Don Swift’s Principles for Success

  1. Don’t Procrastinate When it’s Tough

There’s always some activity we don’t like to do.  No matter what it is, we typically shy away from anything we don’t like until the last moment.  It’s not easy to terminate an employee or sit down with your wife to discuss life-altering plans.

Don suggests dealing with the difficult tasks first thing in the morning.  You’re fresh from a good night’s sleep.  It’ll amaze you how up-lifting it can be when that weight is off your shoulders.  You’ll feel refreshed.

  1. Don’t Let Your Emotions Get the Best of You

A typical reaction to a conflict is with an equal and opposite reaction.  That only serves to raise the level of conflict.  Smile and wait a few seconds before you respond.  Diffusing conflict by not reacting puts you in control.  You can never take back what comes out of your mouth in the heat of the moment.  Don’t react, act.

  1. Consider What Others Would Do

It helps to have a mentor in your mind.  When you stop and smile, ask yourself this, “What would my mentor do in this situation?”  Answer in your head and decide whether or not you’ve given yourself good advice.  The worst case scenario here is, it gives you time to think and act rather than react.

Call Don Swift

Make your business and life more successful by allowing Don Swift to teach you his Principles of Success.  Don is a Human Relations specialist and certified life coach in Wichita Falls, Texas.  He can put you on the right track in business and your personal life.