Employer Do S Don Ts When Holding Termination Meetings
Last year, we published a blog about things an employer should do before they terminate the employment of an employee. In recent years, employers are facing increasing claims for aggravated damages arising out of the manner in which the employer has carried out the termination of an employee's employment. In order to minimize the possibility that aggravated damages will be awarded, here are our Do's and Don'ts for employment termination meetings. If you have any questions about managing employee terminations, please contact Rob Sider, QC, or a member of our Labour, Employment & Human Rights Group. Terminating an employee is never easy. It’s a sensitive process that employers must handle with empathy and adhering to strict legal guidelines.
One misstep can have negative legal ramifications, damage your company’s reputation, and create a hostile work environment. This blog post aims to demystify the termination process, providing you with essential “do’s” and “don’ts” to ensure you stay compliant and minimize potential risks. There are two types of employee terminations: Voluntary terminations are by far the easiest to deal with. Employees initiate the process and resign. Simple as that.
These types of terminations can be invaluable, as exit interviews allow the company representatives to have a candid conversation and gather information to improve the organization. Involuntary terminations, on the other hand, are more delicate and must be handled discreetly for two reasons: Lisa Shuster, MBA, SPHR, SHRM-SCP, is the Chief People Officer for iHire, an industry-specific recruitment platform. Google the term “layoffs,” and you’ll see no shortage of articles about companies reducing their workforces, especially in the tech industry. You may also see criticism of the way high-profile layoffs of late have been handled. For example, Elon Musk laid off half of Twitter’s staff via email, and some workers only learned of the news because they were locked out of their computers.
More recently, CNN announced its looming layoffs 24 hours before informing impacted individuals, leaving staff members anxious and uncertain about their futures. Is there really a right way to conduct layoffs? What about involuntary or performance-based terminations? Severing ties with employees the wrong way can put your brand on the map for the wrong reasons, deter prospective employees from wanting to work for you and hurt the morale of your remaining... Prepare to effectively handle layoffs and terminations with these seven do's and don’ts. There’s no easy way to fire someone.
Even when the decision is justified, the conversation can be uncomfortable, emotional, and deeply personal. Most managers dread it, not just because they’re unsure what to say, but because they understand what’s at stake. A poorly handled termination doesn’t just affect the person being let go. It can shake the confidence of the entire team, damage trust, and raise questions about how the company treats its people. Ethical termination practices help protect more than just legal interests. They reflect the organization's character, leadership, and values in moments when those things matter most.
“The key to effective, human firing is to focus on how you treat people during the process.” — Joel Peterson, former Chairman of JetBlue Terminating an employee is more than a business decision; it's a human one. How it's handled can have a ripple effect across the organization, influencing morale, trust, and even long-term retention. When termination is conducted with clarity and respect, it sends a message that people are valued, even in difficult moments. It reinforces accountability while maintaining dignity. And it shows that leadership is willing to do the hard things the right way.
Almost every manager is familiar with the dreaded termination meeting. It’s almost never easy–or simple–to let an employee go. Sometimes, though, termination is the best option for both parties involved. After all, no one benefits from a... Almost every manager is familiar with the dreaded termination meeting. It’s almost never easy–or simple–to let an employee go.
Sometimes, though, termination is the best option for both parties involved. After all, no one benefits from a strained work-relationship. However, when it comes time to terminate an employee, there’s a right way and a wrong way to do it. Moreover, companies are required to follow strict state and federal protocols to protect themselves from fines and/or lawsuits. So, without further ado, here’s what NOT to do during a termination meeting: Avoiding an employment claim – what you should do:
While you may show compassion (such as thanking them for their contributions and wishing them well), avoid saying anything false or misleading to soften the blow. For instance, if you are terminating because of poor performance, don't suggest possible continued or future employment. To close the conversation, ask the terminated employee, “Do you have any questions about your final paycheck or benefits?” Avoid asking the more general, “Do you have any questions?” This provides employees with an... Argue about the (real or perceived) reasons for the termination. Employees who feel unlawfully terminated can bring a wrongful termination claim and seek damages. For their part, employers should retain a skilled employment defense attorney to assist in responding to such claims and avoiding wrongful termination allegations from arising at all.
One of the most effective ways to support your wrongful termination case is through detailed documentation. Keeping a record of your job performance, disciplinary actions, and interactions with supervisors or HR departments can strengthen your claim. Under at-will employment, HR can terminate employees without needing proof or a reason. This means they may end employment at any time. Termination meetings are tough to navigate. Stay on the right path with these do’s and don’ts.
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Last Year, We Published A Blog About Things An Employer
Last year, we published a blog about things an employer should do before they terminate the employment of an employee. In recent years, employers are facing increasing claims for aggravated damages arising out of the manner in which the employer has carried out the termination of an employee's employment. In order to minimize the possibility that aggravated damages will be awarded, here are our Do...
One Misstep Can Have Negative Legal Ramifications, Damage Your Company’s
One misstep can have negative legal ramifications, damage your company’s reputation, and create a hostile work environment. This blog post aims to demystify the termination process, providing you with essential “do’s” and “don’ts” to ensure you stay compliant and minimize potential risks. There are two types of employee terminations: Voluntary terminations are by far the easiest to deal with. Empl...
These Types Of Terminations Can Be Invaluable, As Exit Interviews
These types of terminations can be invaluable, as exit interviews allow the company representatives to have a candid conversation and gather information to improve the organization. Involuntary terminations, on the other hand, are more delicate and must be handled discreetly for two reasons: Lisa Shuster, MBA, SPHR, SHRM-SCP, is the Chief People Officer for iHire, an industry-specific recruitment ...
More Recently, CNN Announced Its Looming Layoffs 24 Hours Before
More recently, CNN announced its looming layoffs 24 hours before informing impacted individuals, leaving staff members anxious and uncertain about their futures. Is there really a right way to conduct layoffs? What about involuntary or performance-based terminations? Severing ties with employees the wrong way can put your brand on the map for the wrong reasons, deter prospective employees from wan...
Even When The Decision Is Justified, The Conversation Can Be
Even when the decision is justified, the conversation can be uncomfortable, emotional, and deeply personal. Most managers dread it, not just because they’re unsure what to say, but because they understand what’s at stake. A poorly handled termination doesn’t just affect the person being let go. It can shake the confidence of the entire team, damage trust, and raise questions about how the company ...