Answer: Conduct a review of the process that has led to the termination.
- Review your policies/practices and ensure you have allowed for a fair, equitable, and uniform handling of the employee misconduct and the application of discipline
- Verify the termination is justified by the facts by conducting a thorough investigation. Make sure proper document has been prepared.
- Review the termination against all applicable laws (Title VII, FMLA, ADAAA, etc.)
- Ensure you have followed company policy and procedures (review those in your policy manual and/or employee handbook)
- Ensure the final decision to terminate is consistent with the way in which the organization has handled similar situations in the past, regardless of race, gender, age, etc. of the employee being terminated
- Know that you have a defendable audit/document trail (review all disciplinary documents and previous performance appraisals)
- Plan the place, day, time, process and who will be present for the termination
- Plan for the meeting to go well and what you will do if the meeting becomes unproductive
- And perhaps above all, ensure that the employee is treated with dignity and respect during the termination process. Terminated employees that are humiliated during the process have a higher likelihood to file claims against the company.
For more information, register for the Free Members-Only Webcast scheduled for Wednesday, April 22, 2015 from 8:30am until 9:00am. You can self-register for this webinar at https://attendee.gotowebinar.com/register/8198699033724541442https://attendee.gotowebinar.com/register/8198699033724541442. We will dive deeper into this topic to ensure you are prepared prior to terminating an employee. If you have additional questions, please contact a member of CAI’s Advice and Resolution team at 919‑878‑9222 or 336‑668‑7746.