Terminating Employees: A Best Practice Approach

Written by Stephanie Burford, PHR, HR Manager at Advisor HR

Conducting terminations is one of the most difficult responsibilities a manager can face. It’s a process that should never be handled lightly. While most employment in the U.S. is at-will, which defined by Cornell University, At-will employment is an employment arrangement in which the employee may quit at any time, and the employer may fire the employee for any reason and at any point, so long as the dismissal isn’t for an unlawful reason. This does not mean that employers are completely in the clear when it comes to legal risks.

Failing to have “your ducks in a row” not only increases legal exposure but can also damage trust, morale, and the overall work environment. When preparing to terminate an employee, below is a best practice approach.

1.        Protected Classes – Determine whether the employee is part of a protected class that could raise concerns about discrimination. As defined by the EEOC, protected characteristics include race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, and genetic information (including family medical history).

2.        Documentation – Solid, factual documentation is essential to demonstrate that the employee was given fair notice and an opportunity to improve. These are elements of due process in the workplace. This may include disciplinary notices, attendance records, performance improvement plans, coaching notes, or any policy violations referenced in the employee handbook. Proper documentation helps ensure consistency and protects against potential legal claims.

3.        Leaves of Absence – Consider whether the employee has recently taken part in a legally protected activity that could make the termination appear retaliatory. For example, did they recently return from FMLA, file a complaint, or request workplace accommodation?

4.        Employee Morale and Workflow – Think about the impact on the broader team. How will the news be received? Is this employee carrying a heavy workload or involved in critical projects? Have a plan for coverage to avoid disrupting operations or overburdening others.

5.        Workplace Safety and Security – Assess whether there are any risks related to workplace violence, emotional reactions, or exposure to confidential information, systems access, or trade secrets. Prepare ahead with IT, security, or HR as needed.

To help reduce the risk of retaliation or discrimination claims, it's important to take a proactive approach. Here are a few steps employers can take:

1. 1. Keep policies clear and up to date – Make sure your employee handbook outlines employees’ rights, including how to report concerns and what protections they have when doing so.

2. 2. Train managers regularly – Provide consistent training so managers understand what retaliation looks like, how to avoid it, and how to support a fair, respectful workplace.

3. 3. Base decisions on documented, job-related reasons – Always ensure employment decisions are based on legitimate, non-retaliatory factors supported by clear documentation.

   
   

When an employee is terminated, it can significantly impact their life both personally and professionally. As a leader, this decision should be made with careful consideration. Employers should take the time to evaluate the situation thoroughly, ensure the decision is well-supported, and approach the process with care and respect.

If you’re unsure whether it’s the right time to move forward with termination, need help drafting a disciplinary notice, or just want general guidance, Advisor HR is here to support you. Our approach is tailored, understanding that not one-size-fits-all, combining compliance expertise with real-world understanding. And the best part? We’re always just three rings or less away from the help you need. Reach out today!