Use Caution when Terminating Employees

erminating an employee is not an easy task. With the increase in lawsuits and employment law claims, an employer must be cautious during this process. When you have reached the conclusion that it is time to terminate an employee, please keep the following in mind:

• Be sure you have maintained very accurate records of employee discipline in the event of a dispute. Has the employee been given at least one written warning?
• Has the employee been given reasonable opportunity to correct the issue?
• Remember, when terminating an employee of a protected class or an employee who has recently made a complaint or exercised a statutory right, the employer’s decision should be completely independent of those factors. Do you have accurate documentation of any and all complaint investigations involving the employee?
• Be honest with the employee about the performance problems leading to the termination. Always be tactful and professional. Be quick and to the point.
• Do not discuss the termination with other employees prior to the event. The termination should be private and confidential.
• An employer should never send an e-mail or text regarding a termination decision.
• It is best to have another supervisor or HR manager present during the termination meeting. The third party should take notes on what was discussed in the event of a dispute. The termination should occur in a private area away from other staff members. Minimize contact with other employees.
• It is important to follow your policy and procedure for all terminations. All terminations should comply with your policy. Review your policy with management and staff periodically.
• It is best to terminate an employee early in the week. Termination before a weekend or holiday is not recommended. Termination at the start of the week allows the employee to begin searching for new employment.
• Have a security plan in place should a terminated employee become violent or irrational during the termination meeting.
• Has all company property been returned? It is also recommended that an employer back up all computer files before terminating the employee, as not to lose valuable information should the employee decide to delete information.
• Prepare final paycheck