Are You Prepared ?
Are You Sure ?
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Discrimination
Retaliation
Constructive Discharge
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voluntary and indefinite
for both employees and
employers
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Promise
Statement
Company Policy
Company’s historical
actions
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whistleblower protection
rights are designed to:
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encourage employees to halt,
report or testify
about employer acts that are
illegal or unhealthy,
without fear of employer
retaliation.
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Extraordinary change
Intolerable working
conditions
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Negative, false statement
of fact regarding
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Serious criminal
misbehavior
Sexual misconduct
Background checks
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intentional twisting of the
truth or
concealment of facts
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Fair Credit Reporting Act
Bankruptcy Act
Discrimination Laws
Defamation laws
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Performed annually
Written truthfully
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Develop fair rules &
consequences
Clearly communicate policies
Conduct a fair investigation
Balance consistency &
flexibility
Use corrective—not punitive—
action
Terminate the Employee’s Services
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If you have a progressive discipline policy, follow
that process before moving to termination
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You may need to be more flexible (e.g.
advancing the severity, shortening the process,
etc.) based on the individual situation
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Consider the timing of the termination meeting
relative to other open or outstanding issues
Terminate the Employee’s Services
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Ensure the employee has been afforded due
process
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Schedule termination meeting as soon as
possible after process and documentation are
complete
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Arrange to have two witnesses present
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Prepare meeting materials: termination letter,
forms, termination checklist, etc.
Guidelines for the Termination Meeting:
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Keep it short and to the point
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Do not try to make it easier by saying “nice” things
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Employee must know specifically why his/her
services are being terminated – employee must
leave with a clear understanding of what caused
this action
Stand your ground – do not allow the employee to
argue with you
Set out a plan and follow it – do not change your
mind