Tips and Tricks for Legally Terminating an Employee
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Know the law and best practices that will best protect you from facing legal actions brought by terminated employees.Many employers face liability when they terminate employees because they have not engaged in best practices from day one. Instead of understanding that all relationships can and often do come to an end and planning for the end at the beginning, employers instead consider employment in a more piecemeal approach, which often leaves them exposed to liability when the employment relationship comes to an end. Employers who have a clear understanding of the employment relationship from the onset of the working relationship (and even before that point) understand the employment laws at play and set clear policies and practices for its workplace see fewer lawsuits, are able to defend those that do arise, and are able to terminate employees in a peaceful way to give all parties closure and the ability to move on. This topic will provide you with an understanding of the employment relationship at all stages, the applicable laws, best practices before, during and after employment, how to conduct termination meetings and the art of documentation at all stages.
Authors
Stephanie K. Rawitt, Clark Hill PLCAgenda
Making the Decision to Terminate an Employee
• Three Phases of Termination Defined
- Before
- During
- After
• Laws at Issue
• Employee at Will
Types of Terminations
• Voluntary
• Involuntary
The Termination Itself
• Termination Meeting
• After the Termination Meeting
Best Practices