by Lynn Lieber, Esq.
Make Sure You Follow Your Process
Dealing with terminations and layoffs can be a daunting task, especially with the added pressures of increased scrutiny of budgets, revenues, and other financial concerns. The following checklist will assist in making sure terminations and layoffs are carefully thought out, making the separation legally defensible for the employer and paving as smooth a transition as possible for the departing employee under the circumstances.
The List:
>> Decide who will conduct the termination/layoff meeting.
>> Schedule ample time between meetings. If you are having layoff meetings with individual employees, schedule at least a half an hour between meetings so people are not talking outside the office or bumping into each other when they may be upset after the meeting.
>> Choose someone to serve as the employee’s point of contact after the termination/layoff meeting.
>> Determine which managers should know about the termination/layoff and notify them.
>> Decide if you will have an exit interview with the employee and determine who will conduct it (if in person).
>> Determine whether the employee will be given a severance package, and work with the legal department on the details/timing of such package.
>> Cut a final paycheck for the employee that includes all unused accrued vacation time. Be sure to include any earned commissions.
>> Be prepared to tell the employee how the organization will address the issue of health-care continuation.
>> Issue any outstanding expense reimbursements.
>> Notify the accounting department to remove the employee from payroll.
>> Determine whether the employee had access to confidential information and take steps to protect the information.
>> Have the employee’s password, computer privileges, and phone turned off.
>> If your organization assigns parking spaces, remove the employee’s name from the list and reassign the space.
>> Cancel the employee’s corporate credit card and long-distance phone card (if applicable).
>> Collect all organization property, including confidential files, client lists, manuals, corporate credit card, car, laptop, cell phone, pager, keys, and building/security pass.
>> Remove the employee’s name from all organization lists (phone, email, interoffice mail, etc.). Identify someone to handle any mail that that is delivered for the employee.
>> Create an action plan for distributing the employee’s current projects to coworkers and supervisors.
>> Decide who will handle reference calls from potential future employers and script the response.
>> Decide what you will tell the employee’s coworkers about the termination/layoff.
>> If you think the employee might be violent, consult with the legal department and security personnel for guidance.
Following this checklist can ensure the terminated employee leaves the workplace with outstanding questions resolved and that the employer can continue operations with minimal disruption to the workplace.
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About Lynn Lieber: Lynn is a seasoned employment law attorney and a nationally recognized spokeswoman on harassment and discrimination law. She is also founder and CEO of Workplace Answers -- a San Francisco-based provider of Web-based legal compliance education.
Her areas of expertise include:
· Employment law, changes in laws, and how changes affect businesses
· Unlawful harassment prevention
· Protected categories under Title VII, the Civil Rights Act of 1964
· Sexual harassment prevention
· California’s AB 1825 legislation
· Workplace violence prevention
· Workforce management
· Sarbanes-Oxley/Ethics
· Workplace diversity and related business strategies
· Employment leave laws
· HR policy acceptance
· Legal compliance education
