Termination Best Practices

Costly lawsuits may result from poor termination practices. Before terminating an employee, it is recommended that you answer the following questions:

Do we have a well-documented valid business reason for the termination decision?

• Do we have supporting documentation to back up the reason for termination? Has the violation(s) been thoroughly documented and investigated if needed?  Did we take appropriate disciplinary steps including verbal warnings, written warnings, counseling and further training if needed? Was the employee given an opportunity to correct the action or behavior?

Have we been consistent in our termination process?

• If we have fired others for the same offense, then termination should occur for the same violation of policy.

Could this be considered discriminatory against he terminated employee?

• Make sure that the termination is related to job performance, not based on religion, age, sex, marital status, disability, pregnancy, race or national origin. All employees should be treated fairly and without bias.

Could the employee consider the termination as retaliatory?

• Make sure to look at each situation carefully to insure the employee is not being fired for performing a protected activity such as reporting sexual harassment or workplace violence.

Have we followed our own policies?

• Review your policies, and be sure that all supervisors have followed the policies. Were the policies and rules explained to the employee in the past? Does our handbook policy address the employee’s violation as grounds for immediate termination?

Does the employee have a guarantee or written employment contract with our organization?

• Courts often find these documents implied contracts and may bind you to its terms.

Does the employee have a union agreement?

• Be sure to follow all union contract provisions regarding the termination.

Is the employee pregnant?

• An employee may not be terminated due to a pregnancy. Did we treat the pregnant employee like others who have a disability?

If you can answer these questions with confidence and supporting documentation (where necessary) then you are following HR Best Practices in regards to terminating employees.