Page 30 - GBC Summer ENG 2021

•After informing the employee about the termination, provide a copy of the termination letter. Ensure that there are sufficient copies for the employee and the managers conducting the meeting. The letter should communicate the terms of any offer being made, and remind the employee of any continuing obligations – like non-solicitation of customers.
• Do not attempt to comfort the employee by providing false hope of re-employment in the future.
• If the employee becomes argumen- tative or tries to change the termi- nation decision, inform the employee that the decision is final and irrevocable. Donot become defensive or debate with the employee.
• Ask the employee to return compa- ny property in their possession. You should have a list prepared in advance so you can ask for the return of everything.
• Inform the employee that they can gather any belongings before leaving the workplace, or they can schedule a time to return when other employees will not be in the workplace. Unless necessary, do not require the employee to gather their belong- ings immediately after the termi- nation meeting.
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•Escort the employee off the premises. If the employee appears unable to drive, call a taxi and provide the employee with a taxi chit.
POST-TERMINATION PROCESS
Following the termination meeting, a number of steps should be taken to conclude the termination process, including:
• Make detailed notes about what happened in the meeting. Ensure the notes and employee file are accessible later.
• Ensure that the employee will no longer be able to access Company property or systems. Cancel the employee’s access cards, remote access to e-mail, etc. Schedule a mutually convenient time or method (e.g., courier pick up) for the employee to return other company property such as keys and credit cards that could not be returned in the meeting.
• Update email and voicemail messages to redirect callers about work related matters. Update company directories or websites to remove the employee’s name.
• Inform other employees that the terminated employee no longer works for the company and explain how their duties will be redistributed. Do not share the reason for the termination.
“After informing the employee about the termination, provide a copy of the termination letter. Ensure that there are sufficient copies for the employee and the managers conducting the meeting.“
•Conductaninventoryofcompany property known to be in the employee’s possession and take steps to recover it.
• Inform human resources and/or payroll, process the employee’s outstanding payments, and issue a record of employment within the timeline required by law.
• We generally recommend that employers provide neutral confirmation of employment letters, except where the employ- ment relationship was terminat- ed for just cause or other similar issues. This may help the employ- ee transition to new employment and reduce the risk of legal challenge.
PROTECTING YOUR INTERESTS
Notwithstanding the many pitfalls that can expose owners/managers to liability when terminating employment relationships, owners/ managers can minimize potential liability by adopting a proactive approach and implementing effec- tive termination practices. Owners/ managers have the opportunity to protect their interests by ensuring compliance with applicable laws. With that in mind, owners/manag- ers are encouraged to revisit their practices and seek legal advice before the need to terminate arises.
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Please note, this article is intended for informational purposes only and is not intended to and should not be relied upon as legal advice.