Termination of employment

The following questions and recommendations, taken from Jeffrey Hirsch & William Farrell's Labor and Employment in Rhode Island, provide a synopsis of the basic issues which employers should consider before making a decision to fire an employee: 1. Review all documentation and other company records considered when making the decision. Make sure all stated policies were followed by management. 2. Interview all managers who provided input on the decisions. 3. Be satisfied that the decision was made for the correct reason. 4. Was the employee aware that termination was likely? Can you document that awareness? 5. Was the individual given an opportunity to improve his or her performance? 6. Has the company discharged others for similar reasons in the past? 7. Has the company acted promptly and avoided relying on "stale" offense? 8. Is the employee protected by anti-discrimination statutes? (i.e. race, age, sex, national origin, handicapped or religion)? 9. Meet with the employee personally; do not discharge by phone or letter unless absolutely necessary. 10. Have a "passive" management witness at the meeting. 11. Conduct the meeting in a private area where other employees will not be able to see or hear the discussion. 12. Both the executive and management witness should prepare file memoranda concerning what is said at the discharge meeting. 13. Always tell the employee the reason for her or his discharge. 14. Discuss health insurance continuation (COBRA). 15. Discuss life and disability insurance, and pension/profit sharing status. 16. Discuss other issues, such as references and out placement policies. By taking the time to follow these suggestions and answer these questions, an employer can feel more secure that the termination has been conducted properly, and minimize the chances of becoming implicated in legal action related to the termination.