How may I establish a procedure for terminating an employee?

On Behalf of | Dec 15, 2021 | Blog, Employment Law -- Employer |

Your company could benefit from established procedures for managers to use when disciplining and firing employees. A carefully prepared method may shield you from a former worker’s allegations of unlawful termination.

An employee handbook outlines your expectations for job performance. A workplace manual typically provides standard operating procedures for employees to follow. You may also include behavioral rules and describe which actions classify as misconduct.

How could a handbook protect against litigation?

As reported by, a clearly outlined policy for disciplinary action provides employees with advance notice of what could lead to a termination. By including state and federal employment laws, a handbook informs your staff on how managers document and lawfully respond to violations.

Your handbook could describe the basics of correcting a performance issue. A manager may, for example, first meet with a worker to discuss ways to correct the behavior. By informing employees about the system that managers use when performance falls below standards, workers could anticipate an upcoming action if the situation does not improve.

How do I create an effective termination procedure?

The U.S. Chamber of Commerce recommends drafting a checklist for managers to follow when terminating employees. A list of the steps in a legal firing procedure could aid managers in avoiding exposure to liability.

A termination may affect other employees. Your checklist may include reasons to speak to team members about their coworker’s firing. It could also serve as an opportune time to refresh employees on the company’s rules and goals.

Creating a sound termination procedure could help you to prevent potential legal issues. You may also wish to consider consulting with an experienced employment law attorney before finalizing the steps in a company termination procedure.