Keys to Successful Employee Termination

Note:  There are different requirements for voluntary as distinguished from involuntary employee termination.

• Ensure that the appropriate exit process is followed and that all involved parties are notified.
• In the case of a voluntary employee termination, conduct a thorough exit interview and gather information helpful to the company.
• Even in the case of an apparent voluntary resignation, the employee may nonetheless claim he/she was constructively discharged and allege that employment laws were broken.
• If it is an involuntary employee termination due to performance issues, make sure that the appropriate performance improvement steps have been followed and documented.
• If the involuntary termination is due to violation of a work rule or organization policy, thoroughly document the details of the violation and the reasons it leads to dismissal.
• When an involuntarily termination is due to a layoff, review supporting documents that justifies the selection of each employee for inclusion in the reduction in force.
• Avoid reacting with haste, even if an important work rule is broken. Employees may be placed on administrative leave while a thorough investigation is being conducted.
• Treat all exiting employees with respect and take proper steps to protect your company resources and proprietary information.
• If needed, review termination decisions with legal counsel and obtain separation and release agreements.

Some advice:

• Carefully plan each involuntary termination meeting and include a third party in the termination meeting.
• Remember that the involuntary termination meeting is not a time to debate the appropriateness of the decision with the employee. This is not a negotiation. Be prepared that the conversation may be emotionally charged.
• As needed, review termination decisions with legal counsel and obtain separation and release agreements as required.
• As an involuntary termination may pose a risk of a wrongful discharge claim, documentation should contain objective, non-biased performance-based data supporting the decision.
• Avoid reacting too quickly, even when an important work rule is broken. Employees may be placed on administrative leave while a thorough investigation is being conducted.
• Carefully plan each involuntary termination meeting and include a third party in the separation meeting.
• Remember that the involuntary termination meeting is not a time to debate the appropriateness of the decision with the employee. This is not a negotiation. Be prepared that the conversation may be emotionally charged.
• As needed, review termination decisions with legal counsel and obtain separation and release agreements as required.
• As an involuntary termination may pose a risk of a wrongful discharge claim, documentation should contain objective, non-biased performance-based data supporting the decision.
• Avoid reacting too quickly, even when an important work rule is broken. Employees may be placed on administrative leave while a thorough investigation is being conducted.