b'TerminationsWho, What, Why . . . Whodoesitapplyto:AnyemployerfacedwithlettinganConsider potential claims. Is the employee in a protected employee go. class?Is there anything the employee could argue you have Before the Termination Meeting:done wrong? What can you do to limit your exposure before Plan when. An employee humiliated during termination isyou terminate them? Call your legal counsel to talk it overif you have any concerns. It will likely cost less with your much more likely to feel the desire to seek revenge by suing. lawyer to do so before the termination than after.Fire on shoulder hoursat the beginning or end of the day Do you need a release. If there is a potential claim for whichwhen fewer people are around. Dont fire an employee onyou want to get a release, prepare the release document their birthday or adjacent to a holiday. in advance. Remember, you are buying a release from a Plan where. It is usually best to pick a private place on neutralclaimnot paying additional wages or severance so the territory so that either side can leave without a problem. Ifpayment should be a lump sum with no taxes taken out.You you do it in your office, you are trapped if they wont leave. will want to 1099 the payment. DO NOT tie receipt of a final If you do it in theirs, it will be more uncomfortable to them.check to signing off on a severance agreement. You do not Plan for any security concerns.If the employee is particularlywant the former employee arguing that the money paid for volatile, it may be appropriate to warn building security andthe release was just additional regular pay that was owed.have them on standby. In a very bad case, call the police orAnd, use a round number; if you want to use 2 or 4 weeks sheriff; they will usually send someone out to oversee thepay, round to the nearest $500 up or down as you see fit.event. Terminate this type of employee before they make it into the building if possible. During the Termination Meeting:Check payroll. Does the employee have any outstandingAlways have two people in the room. Two recounts of what loans to the company or borrowed vacation they have notyet repaid? If they do and the loans are not memorialized,happened are better than a he said, she said fight between a be sure to plan to get an agreement for repayment in writingformer employee and the employer in a later lawsuit.Always try to have a person of the same sex, and if possible, at the meeting. This may include an agreement to deductfrom final pay. race, religion, etc., as the employee in the room. A jury willCompany property. If the employee has a laptop, uniforms,like that persons perspective better than a boss of a different gender or race in a lawsuit against a former employee of the company car, or cellphone, make arrangements to have theopposite gender or different race.employee bring them to the meeting.Make something up ifDo not give a reason. This is the hardest one for clients you have to. Getting that property will be costly and a painafter the employee leaves. to follow. There is a strong urge to treat termination like aLimit computer access. Think of all the ways the employeehigh school breakup with the its not you, its me excuse or some other excuse made to help the terminated employee has access to your computer system from the outside. Turnfeel better about their separation and ease the conscience all access off before the meeting. of the terminating employer. For later defending a claim,Complete documentation.Be sure that you have documented employment lawyers are then hemmed into a polite excuse, theemployeesfileforallthefactorsandreasonsthatrather than the real reason, which is likely that the employee support separation. Be sure the documentation is consistentwas no good. To preserve a clean slate for the employment with your employee handbook. lawyer to use, dont give a reason.21'