Managing Employee Terminations to Reduce Post-Termination Risks and Legal/Financial Liability
Terminating workers who are underperforming or breaking the rules is stressful for even the most skilled manager. The process of firing an employee requires careful navigation of complex legal requirements and sensitive interpersonal dynamics. Mistakes made during termination can lead to severe repercussions, including lawsuits, financial penalties, and damage to the company’s reputation. Despite the challenging and emotional nature of employee termination, the difficulty does not always subside when the employee leaves the building. When done incorrectly, employee termination can become an employer's worst nightmare. Regulations at the federal and state levels make the post-termination period fraught with danger, obstacles, and legal landmines.
The following topics will be discussed in detail during this session:
- Termination mistakes made which could lead to legal liability
- Deciding when it's time to stop coaching and start disciplining individual employees.
- Understand the step-by-step procedures you should always follow when discharging an employee.
- How to handle the termination meeting - who should attend, and what to say and do.
- The legal thresholds you must meet when firing workers based on bad behavior or poor performance.
- How to avoid (and defend yourself against) bias and retaliation claims made by departing employees.
- How to avoid making mistakes when disciplining or terminating older workers and other "protected class" employees.
- The special challenges presented by workers out on leave, from FMLA and USERRA to workers comp.
- What you should always say - and what you must never say - when letting an employee go.
- How much time and documentation is enough before you decide to let someone go
- What documentation you'll need if you're taken to court
- How to document and fire an employee whose performance is flawless... but whose attitude causes conflict
- Exit Interviews Laws and what important information needs to be discussed
- FAQs & Examples
This session is designed to help you avoid or defend yourself against bias and retaliation claims. You need to make sure you are protecting yourself and the company at an optimal level. Through this training, you will gain insights into best practices for documenting employee performance issues, conducting fair and lawful terminations, and managing the emotional and legal complexities of the post-termination period. Ensuring that your termination procedures are thorough and compliant will safeguard your company from legal risks and help maintain a positive workplace environment.
About The Trainer : Joe Aitchison, is Managing Principal and Senior Client Advisor at HRComTraK a HR Service Company providing employer guidance in the area of human resources, compliance and benefit administration. , Mr. Aitchison is responsible for regulatory compliance and is HRComTrak’s resident expert on employment practice and benefits. He provides guidance on HR best practice to clients nationally. He is a known, frequent national speaker at conferences, presenting on "Employer Best Practice", Health Care Reform, employee benefits, FMLA and employment related federal regulations. Mr. Aitchison has obtained a life time certification as a Senior Professional in Human Resources. He has thirty years of human resource and business management experience working with international automotive manufacturing, commercial manufacturing, warehouse and distribution, transportation, retail, gaming & hospitality, food processing, healthcare, financial services, engineering & scientific professional services, public sector and not for profit organizations. Positions held include: CEO/President, senior executive, operations management and company director. Mr. Aitchison has served on several for profit and not for profit boards.
