A good mindset in an employee termination is to treat the process with an expectation of a lawsuit from the impacted employee. This will assist in thinking through the process and documentation necessary for a good defense. But the fear of a lawsuit should not keep a boss from terminating a poor performer.
The key element in a properly conducted termination is that the documentation shows alignment with labor laws and consistency with company policy. Bear in mind that documentation can also work against the company if it substantiates a claim from the terminated employee.
In cases of resignation, consider conducting an exit interview. Sometimes employees who are leaving may open-up about issues that are “unspoken” or ignored. BUT, be cautious of departing employees who want to malign their bosses or peers.
- Termination Forms (Office Depot).
- What Elements Must Be Included in Documenting an Employee for Termination?
- Exit Interview Form (Temple Univ.)