None of us got into the camp business to separate staff.
We aspire to make a positive impact on the next generation of campers while fostering lasting connections and teaching important life skills. We try to send the kids home just a little happier, more resilient, and more fulfilled than they were when they arrived.
We also work hard to ensure that staff have a meaningful and impactful experience in which they grow, make strong friendships, gain professional skills, and ultimately, wish to return for multiple summers.
Camp is a truly unique professional environment because our goal is to keep every constituent happy – the campers, the parents, and the staff. Unfortunately, the reality of camp management is that separating the wrong staff is sometimes essential to achieving our goals for the rest of the community.
The separation conversation is never pleasant and rarely easy to deliver. It also poses an additional challenge: when handled incorrectly, it can expose your camp to significant legal liability. This article introduces a number of employment law best practices to mitigate the legal risks of separating staff.
I. Employment At-Will and Lawful Separation
In the camp industry, most of our employees are “at-will” in the eyes of the law (unless your offer letters or employment agreements say otherwise). When an employee is at-will, it means that either you or the employee can terminate the employment relationship at any time, with or without cause, and without prior notice. The employee can leave whenever they want, and you can separate them for any lawful reason or no reason at all.
While you can separate an at-will employee for any lawful reason, you can’t separate them for an unlawful reason. What are some examples of unlawful reasons for separation?
discrimination based on race, gender, age, disability, religion, or various other protected characteristics;
retaliation for being a whistleblower or for reporting harassment, discrimination, unsafe working conditions, and similar concerns;
termination for taking a medical leave that is protected under state or federal law;
termination for engaging in certain protected concerted activities, such as union organizing, collective bargaining, and discussing topics including wages, working conditions, and terms of employment; and
if the separation would breach the employee’s contract with camp (e.g., if the employee is not actually at-will and can only be separated for cause).
When considering the best approach to separating an employee, it’s important to keep in mind these unlawful reasons for separation because they often become the basis of claims against camps. For example, let’s assume you separate an employee for consistently not fulfilling the obligations outlined in their job description. Although you separated the employee for a lawful reason, they may claim that they were separated for an unlawful reason, such as the ones explained above. Let’s consider how to mitigate that risk.
II. The Two Most Common Reasons for Separation
While exceptions certainly exist, camps most commonly separate employees for one of two reasons: (1) performance issues or (2) violating one or more camp policies. With the goal of preventing allegations of unlawful separation, you may consider using the following processes for each type of separation.
1. Steps to Take When an Employee is Separated for Performance Reasons
When an employee’s performance falls below your expected standards despite coaching and support, it may become necessary end the relationship. Taking a structured approach can help ensure fairness and provide the employee with an opportunity to improve, while also creating important documentation that your camp will use to defend itself if the employee subsequently claims that their separation was unlawful. Here are the recommended steps to follow when separating an employee for performance reasons:
Coaching and Feedback: Address performance concerns early on. Provide clear and constructive feedback to the employee. Explain areas for improvement, set performance goals, and offer guidance. These coaching and feedback conversations should be documented in your personnel files as they happen.
Performance Improvement Plan: If coaching and feedback fail to bring about the desired improvement, the next step should be implementing a written performance improvement plan (PIP) that’s signed by the employee. A PIP outlines specific performance expectations, areas that need improvement, and a timeline for achieving the desired results. You can find many good templates with a quick Google search.
Evaluation of Progress: Throughout the PIP period, closely monitor the employee’s progress and provide consistent feedback. Document all performance-related conversations, including any improvements, ongoing concerns, or lack of change. Assess whether the employee is making sufficient progress towards meeting the performance goals outlined in the PIP.
Decision Point: When the agreed-upon timeline for the PIP is near its end, decide if the employee has met the required performance standards. If they have, then the process has worked -- you should acknowledge their efforts and maintain their employment.
Separation: If the employee has not met the requirements of the PIP, then you can proceed with separation.
Note that, following the above process, you will have documented coaching and feedback conversations, a signed PIP, and documented feedback about the PIP. If you ultimately separate the employee and face a subsequent legal action, then you will be able to point to extensive documentation created in real-time showing that the employee was in fact separated for performance reasons.
The process described in this section assumes that an employee is having significant performance issues but there is a reasonable possibility of addressing those issues through coaching, feedback, and clarifying expectations. When an employee violates camp policies, the course of events is different. That is described below.
2. Steps to Take When an Employee is Separated for Violating Policies
In contrast to employees who exhibit performance issues, there will be times when employees violate camp policies or don’t comply with camp rules. Of course, your policies are in place to maintain a safe and well-organized camp community. When employees violate camp policies, you have a range of disciplinary options, all of which should be documented as they’re implemented:
Verbal Warning: For minor policy infractions or a first-time offense, you can begin with a verbal warning. Along with a third person, meet with the employee to discuss the violation, clearly communicate expectations, and emphasize the importance of adhering to camp policies. Afterwards, make sure to document the conversation, including the date and details of the violation.
Written Warning: If the policy violation persists or if the offense is more serious, then you can issue a written warning that the employee signs and acknowledges. This means that you provide a written document outlining the violation, its impact on camp, and the consequences of further non-compliance.
Demotion: In cases where policy violations continue despite verbal and written warnings, demotion may be an appropriate measure. This involves moving the employee to a lower position or reducing their job responsibilities. You should clearly communicate the reasons for the demotion in writing, set expectations for improvement, and provide support and guidance to help the employee regain compliance.
Separation: If an employee violates a significant policy, or engages in smaller policy violations that aren’t resolved following the above disciplinary measures, then separation may be necessary.
As already noted, each disciplinary measure should be properly documented in real time. You should reference the camp policy that was violated, how it was violated, and when it was violated. This may become important evidence if the separation is subsequently challenged as unlawful.
III. The Separation Meeting
The ideal separation meeting is one in which no surprises or new information are shared with the employee. You should have a third person in the room to observe the conversation and clearly communicate the reasons for the decision – referring back to the performance issues or policy violations that have been previously discussed with the employee and documented in their personnel file.
Sometimes this won’t be possible. For example, an otherwise strong employee may violate a camp policy that results in immediate termination. For example, let's assume a staff member is caught using drugs in camp. Ideally, you have communicated camp’s policy regarding drug use to all staff members during training and in writing, so separation for violating the policy does not come as a surprise. With a third person present and observing the conversation, you should tell the staff member that they are being separated for violating an important camp policy. The conversation should then be documented.
You should always handle the separation process in a professional, calm, and respectful manner, maintaining confidentiality, and offering any support or resources that may assist the employee in their transition. As discussed in more detail below, it’s sometimes even advisable to pay for the departing employee’s bus fare and travel meals to show your good faith and facilitate a smooth sendoff.
IV. The Importance of Documentation and Consistency
Proper documentation is crucial throughout the disciplinary and performance improvement process. It serves as a record of the policy violations, performance issues, coaching, warnings, and other corrective actions that you’ve taken in the lead-up to an employee’s separation. You should document each step in real time. This documentation may later become important evidence to show that an employee was separated for lawful reasons.
If you use one of the major camp management and registration platforms, then your platform will have a built-in staff personnel file, where you can add notes to each employee’s record. You should document performance issues, feedback conversations, disciplinary measures, written evaluations, performance improvement plans, and all other relevant conversations with the employee.
Consistency is also very important when implementing discipine. You cannot treat employees differently based on any protected characteristic. To avoid allegations of discrimination, you should apply your camp's policies consistently to all employees. This means that similar offenses and performance issues should always be met with similar responses. For example, if you separated Counselor A for a particular policy violation, then you should do the same when Counselor B engages in the same behavior three weeks later.
V. Separation Agreements and Severance Pay
As part of the separation process, you may consider having the departing employee sign a separation agreement, which includes a release of claims. To be enforceable, this type of release must be given in exchange for “consideration,” which means that you must give the employee some amount of pay to which they aren’t otherwise entitled in exchange for signing the agreement.
By securing a release of claims, you may reduce the risk of future legal action for wrongful termination. However, it’s important to note that introducing a release may inform the departing employee that they have a potential claim against you, which may lead to the employee seeking legal advice or considering legal action that they wouldn’t have otherwise considered. You should proceed cautiously before asking a just-separated employee to sign a release because it may have the opposite of your intended effect.
An alternative approach is to give the departing employee a small amount of additional compensation as a sign of your good faith, such as paying them for a final week they didn’t work or covering their bus fees home and giving them enough money to buy some food during their travels. When this type of payment is given without seeking anything in exchange, it may leave the staff member feeling valued despite being separated. With a smooth send-off, the staff member may be less likely to take legal action against you.
VI. Conclusion
By following a systematic approach to addressing policy violations and performance concerns, documenting the entire process, and ensuring consistency of consequences, you can reduce the risks associated with employee separations. It will help protect your camp from legal challenges, maintain a positive and rule-based camp culture, and ensure the safest and best experience possible for both campers and staff.