How To Legally Terminate An Employee With Grace Deel

How to prepare to terminate an employee for performance reasons How to prepare to terminate an employee for misconduct or policy violation reasons How to prepare to terminate an employee for downsizing or restructuring reasons Understand your location’s applicable termination laws Setting and holding the termination meeting Effective July 1, 2025, additional protections are available for workers when employers use immigration-related threats to discourage or retaliate against the usage of certain workplace rights.

While Washington is an at-will employment state, employers cannot fire or retaliate against an employee who exercises a protected right or files a complaint under certain employment laws. State law gives employees protection in the following areas: Depending on the situation, L&I will investigate your complaint or refer you to the appropriate agency. You may have additional rights against termination or retaliation under a collective bargaining agreement, in your employer’s policies, or under federal law. However, L&I does not have enforcement authority in these areas. At-will employment means that employers do not need to establish cause or give notice before firing an employee.

That being said, it is against the law for an employer to fire or retaliate against an employee for discussing or filing a complaint about a violation of their protected rights. When you think of grace, you probably envision ballerinas and swans, not employee terminations. Although terminations aren’t elegant by any stretch of the imagination, they can be handled thoughtfully and graciously. By planning ahead, you can avoid common termination mistakes. An employer in Pennsylvania learned its lesson the hard way in the case of Walter Mikulan v. Allegheny County.

After working at the county jail for 30 years, Mikulan was fired due to “insubordination.” However, a jury determined Mikulan was the victim of age discrimination and awarded him $1.15 million. Try to avoid your own million-dollar mistake by taking some things into consideration when terminating employees. Terminations require due diligence. If an employee has been involved in workplace incidents, it’s imperative that you gather all sides of the story. By listening to the employee’s version of events, you can evaluate their credibility and ensure the employee feels heard. If an employee’s presence causes you concern, you can always consider suspension while you complete an investigation.

As an employer, it’s your responsibility to get to the truth of the matter, which includes considering multiple perspectives and underlying motives. Be thorough enough that you feel confident you’ve accurately assessed the facts. This way, you’ll know you’ve taken the necessary time to evaluate and make a clear, rational decision. This post may contain affiliate links. Read the full disclosure here. Letting an employee go is one of the most difficult tasks a manager or HR professional will face.

Termination can be emotionally charged, logistically complex, and legally sensitive. Whether it’s due to poor performance, company restructuring, or misconduct, handling the process with fairness, professionalism, and compassion is critical—not just for the individual involved, but also for your company’s legal protection and reputation. The Nakase Law Firm provides legal guidance to employers navigating complex termination situations, helping ensure the process remains compliant and risk-free. A short script for firing someone clearly states the termination decision, the reason, and the effective date, without leaving room for negotiation or ambiguity. This guide provides a step-by-step approach to terminating an employee legally and gracefully. It combines best practices in HR compliance, clear communication, employee relations, and effective scripting to ensure the process is smooth, respectful, and by the book.

Employee termination can occur for various reasons, each of which requires a tailored approach. Understanding the context behind the termination is crucial to managing it properly. This occurs when an employee consistently fails to meet the required job standards. It could involve missing deadlines, producing subpar work, or not achieving productivity goals. Before moving toward termination, it is essential to document these issues and attempt to improve the employee’s performance. Eligible government agencies can use our free Ask MRSC service.

With one call or click you can get a personalized answer from one of our trusted attorneys, or policy consultants! Comprehensive Plans’ Housing Elements Under Increased Scrutiny October 29 2025 Hot Topics and Recent Developments: the Open Public Meetings Act October 27 2025 Best Foot Forward: How the State Supports Improved Pedestrian Safety October 22 2025 Firing an employee is one of the most challenging tasks for any employer, carrying legal, financial, and interpersonal implications. In Washington, as in many other states, there are specific laws and regulations governing the termination process that both employers and employees need to understand.

From reasons for termination to documentation requirements, navigating these guidelines is crucial to ensure a fair and lawful dismissal. Read on as we cover the essential aspects of firing employees, for Washington-based employers. Firing or terminating an employee is basically the process of an employer permanently ending an employee’s contract of employment with their company. This decision can be driven by various factors including, but not limited to, performance issues, misconduct, redundancy, or business closure. In the context of employment terminations, it’s crucial for employers, especially those in Washington, to carefully understand the differences between firing, layoffs, and resignations. Each scenario has distinct implications for both the employee and employer, and handling them appropriately is essential to maintain a fair workplace and comply with legal standards.

Firing, or dismissal, is an employer-initiated termination of an employee’s contract due to performance issues, misconduct, or breach of company policy. In Washington, employment is generally considered “at will”, meaning employers can fire employees for any reason not prohibited by law (such as discrimination or retaliation). However, employers must still follow any policies they have established regarding disciplinary actions or termination procedures. Documentation is critical in these instances to protect the business from potential legal challenges, ensuring that the reasons for firing are clear, well-documented, and communicated to the employee. Layoffs occur when employees are let go due to business reasons unrelated to their performance or behavior, such as economic downturns, business restructuring, or the elimination of their positions. Unlike firings, layoffs are not a reflection of the employee’s job overall performance.

Washington employers contemplating layoffs must be mindful of the WARN Act, which requires most businesses with 100 or more employees to provide 60 days’ notice of significant plant closings or mass layoffs. Employers should also consider the impact on the remaining workforce and may offer severance packages or outplacement services to support affected employees. Federal and state agencies have laws about how and when employees can be fired. Follow these policies and your company guidelines to avoid wrongful termination claims. All states, except Montana, allow "at-will" employment. This means that an employer or employee can end the employment at any time, for any reason.

However, the reason for termination cannot be illegal. This includes: At-will employment may not apply to everyone. It does not include employees who work: These government resources can help you make sure you are following termination rules: Ask a real person any government-related question for free.

They will get you the answer or let you know where to find it.

People Also Search

• How to Legally Terminate an Employee with Grace - Deel
• Frequently Asked Questions About Terminating Employees - Deel
• Termination & Retaliation
• How to Terminate Employees with Grace - Onwards HR
• How to Legally and Gracefully Terminate an Employee: A Comprehensive Guide
• MRSC - Employee Terminations
• Guide to Firing Employees in Washington for Employers
• How To Terminate an Employee (And What Not To Do) - Indeed
• Termination guidance for employers - USAGov
• How to Begin the Termination Process and Offboard Employees - Deel