Legal Considerations for Employee Terminations

Employee terminations can be legally complex and, if not handled correctly, may result in costly legal challenges for employers. Employers should carefully navigate pre-termination considerations, conduct the termination appropriately, and address post-termination obligations to mitigate risks and protect business interests. Click here for article.

• Pre-termination: Employers should ensure termination is lawful, consider alternatives, and assess risks before proceeding, including establishing a valid reason and reviewing employee agreements.

• Conducting Termination: Employers should gather relevant documentation, consider severance, communicate the decision professionally, and secure the return of company property.

• Post-termination: Employers must comply with final pay requirements, COBRA notifications, record retention laws, and establish a plan for notifying relevant parties and handling reference checks.

• Minimizing Risk: Employers should develop clear termination policies, train staff on compliance, and maintain consistent documentation practices.