Last Updated on May 23, 2022

Make sure you are compliant in your employee terminations and protect your business from costly litigation. Follow a prudent plan prior to terminating an employee.

We’ve included an 8-step plan for properly terminating an employee below. You can also download this as an infographic.

This graphic shows a high-level view of best practices for handling the termination of an employee for a Policy Violation. This information is for general purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained in this communication is, or should be, construed as legal advice. The information should not be relied upon for legal advice. 

Best Practices for Employee Termination

1. Have a Stated Policy

Have documented terms of employment and your disciplinary process in your
employee handbook.

2. Train Management on Proper Procedures

Educate managers and supervisors on proper disciplinary and termination procedures.

3. Follow the Proper Disciplinary Plan

Explain what the problem is, and where improvement is needed. Prior to terminating, be sure the progressive disciplinary procedure has been followed and documented.

4. Verify the Legality of the Termination

Document the reason for termination, and verify the legal purpose for termination.

5. Perform the Termination with a Witness

Communicate the facts to the employee behind the decision to terminate, and that the decision is final.

6. Complete the Required Administrative Tasks

Provide formal documentation for the employee to sign, final paycheck and benefits information, including COBRA coverage if applicable.

7. Inform Your Team of the Decision

Follow up with managers and employees, explaining only what they need to know about the termination, and if and when the position will be filled.

8. Respond ASAP to State Unemployment Claims

If the employee files an unemployment claim, quickly respond to the unemployment department. If you believe the employee’s claim is invalid, provide an explanation of the reason for termination to the unemployment department.

Need Help? Contact MyHRConcierge

MyHRConcierge helps all kinds of small and mid-sized businesses with human resources-related issues including hiring, screening, compliance, and terminations. An initial consultation with our HR experts is free to you. Schedule yours by emailing Chris Cooley at ccooley@myhrconcierge.com or call him at  1-855-538-6947 x.108.