Most legal claims asserted by employees against employers arise out of involuntary terminations of employment. For this reason, an employer considering an involuntary employment termination of an employee should use a "checklist" to help make sure that the termination is appropriate. A useful checklist must be simple and clear. I suggest the use of this 8-step checklist:

1. WHY. Why do you want to terminate the employee's employment? (You should be able to answer in one or two sentences.)

2. ALTERNATIVES. What alternatives to termination (such as a suspension without pay or a final written warning) have been considered, and why have they been rejected?

3. DOCUMENTATION. What documentation supports the termination? If the documentation is not adequate to support the termination, what further accurate, supportive documentation can be prepared before the termination?

4. WRITTEN POLICIES. What written policies or agreements apply to the termination?

5. PAST PRACTICE. What past practice, if any, applies to the termination? How have similar situations been handled in the past?

6. EMPLOYEE PROTECTIONS. Is the employee in a protected class, or has the employee recently engaged in any protected activity? If so, how can you show that the employee's protected status or activity is not the cause of this termination?

7. PROCEDURES. What procedures have been followed with the employee, have those procedures been fair, and what further procedures (exit interview, final paychecks, insurance notices, etc.) will be followed in connection with the termination?

8. ANTICIPATE PROBLEMS IN ADVANCE. What questions, comments, claims, or problems do you anticipate from the employee about the termination, and how will you fairly address those questions, comments, claims, or problems?

DISCLAIMER: All information is provided for educational or promotional purposes only and not as legal advice on a particular matter. The information is provided AS IS with no warranties of accuracy, completeness, merchantability, or fitness for a particular purpose. Providing this information DOES NOT create an attorney-client relationship between Lawrence C. Winger, Esq. and the reader. All information is Copyright (c) Lawrence C. Winger, Esq. 2000 All Rights Reserved.

Dated: January, 2000