Once a termination decision has been made, your follow through should not be haphazard. Get organized before informing the employee. Below is a list of 24 issues to get you started:
1. Have handbook and all written procedures been followed?
2. Is there a written employment agreement? Collective bargaining agreement?
3. Are any wages due?
4. Has the employee accrued unused vacation or paid time off benefits?
5. Has the employee incurred unreimbursed expenses?
6. Are there any needed deductions from the final paycheck?
7. Is the final paycheck ready to be delivered at the time of termination?
8. Are there any advances, loans, or negative vacation bank?
9. How will the termination affect stock options?
10. Is the employee entitled to a “golden parachute” or other termination payout?
11. Are there COBRA rights?
12. Is the employee an officer or director (and what steps must be taken to remove them)?
13. Are there concerns for any discrimination, whistleblower or disability claims? (Consult with your labor/employment attorney).
14. Has the employee reported all industrial injuries (workers’ compensation)?
15. Should you offer a severance package?
16. Should you seek a release agreement?
17. Will the company offer outplacement?
18. Will the company provide reference letters?
19. What company property must the employee return?
20. Has IT staff made arrangements to block access to the company system?
21. Has the employee complied with your trade secret/proprietary information agreement?
22. Is “damage control” with customers necessary?
23. Any security issues?
24. When, where, how and with whom will you notify the employee?
These are just the basics. Review your company policies and procedures and tailor the list to suit your particular needs.
Please feel free to share your questions or comments.
Christopher W. Olmsted, Esq.
Barker Olmsted & Barnier, APLC