Labor & Employment Developments Blog

The second episode in the podcast mini-series - Termination Done Right - covers proactive steps for employers to take in connection with terminations.  These steps will help employers in the event there is litigation over a termination decision.  Steps include:

Reviewing Policies Related to Termination -  Employers should ensure that their policies provide them with sufficient discretion to terminate employees at will without requiring multi-step discipline.  Also, policies should be periodically reviewed for consistency.

Conducting Effective Investigations Before Termination - Even the most straight forward scenario should have some form of investigation to support the termination decision.  Key elements of an effective investigation include:

Thorough Investigation - make sure you gather all of the facts relevant to the termination decision;

The Right Investigator - the investigator will be a key witness if there is litigation so it should be someone who can be an objective, effective witness;

Effective Witness Interviews- Ask thorough and complete questions, follow up where answers are vague or unclear and stop when you have learned everything you can from the witness.

Thorough Documentation - If there is litigation, it may be years after the fact when managers are called on to recall an investigation.  Detailed documentation is necessary to benefit from the investigation.

Documenting the Termination - The need for thorough documentation does not stop at the investigation.  The reasoning for the termination decision and the termination meeting should also be effectively documented to protect the employer if there is litigation in the future.

These issues are covered in more detail in Termination Done Right - Part 2. 

You can listen to the podcast episode here.

Termination Done Right - Part 3 will cover arbitration, jury waivers and class action waivers: what are they and are they right for your business?