Hr At Termination Meetings Dos And Don Ts Hamilton Law Firm

Bonisiwe Shabane

-Oct 30, 2025, 8:42 AM

hr at termination meetings dos and don ts hamilton law firm

Schedule a consult: 609-945-7310 | Toll Free: 800-742-1490 Schedule a consult: 609-945-7310 | Toll Free: 800-742-1490 Protecting Your Rights And Interests, No Matter The Issue by veeresh.chakali@thomsonreuters.com | Apr 26, 2021 | Business Law, Employment Law No one enjoys a meeting with HR. You are either about to make a complaint about someone, be “counseled” on your performance, or let go from your job.

Even if the termination is not related to your performance, it still means you are losing your job and are likely to be surprised and upset. ⚖️ Legal Do’s and Don’ts During Employee Termination: HR’s Survival Guide Terminating an employee is one of the toughest responsibilities HR professionals face — legally, emotionally, and reputationally. Whether it’s for poor performance, restructuring, or misconduct, terminations must be handled with empathy, fairness, and strict legal compliance. A single misstep can trigger wrongful termination claims, court battles, or loss of brand value. Here’s your survival guide to get it right.

🟢 SECTION 1: DOs – What HR MUST DO During Termination 📌 Legal Tip: In labour disputes, documentation is your strongest defence. 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.

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. When terminating an employee, things can be rather touchy, and there is room for mistakes. The entire process involves legal and personal complexities that can impact your business, but understanding the playing field can help safeguard everyone involved.

Luckily, there are other ways you can come to understand these guidelines just as well without going through courses such as the Master of Laws (Business Law) online. This article will describe what you should and shouldn’t do as an employer during a termination. Firstly, some important legal and ethical considerations exist when terminating an employee. While some policies may be stricter than others, it’s always good practice to treat everyone fairly to avoid any legal troubles. Make sure that employees understand their job responsibilities and performance standards from the get-go. Feedback also ensures that you avoid surprises when termination occurs.

It is also essential to be clear and constantly update job descriptions to have something specific in writing to reference. If you’re up for the extra effort, you can also keep records of the employee’s work history. Maintaining records of any performance issues, disciplinary actions or other incidents that are leading up to the termination is critical. These records serve as evidence in case of any disputes while also providing an accurate account of events leading to the outcome. Just ensure that you keep all details in a clear format that also includes the dates, times and names of individuals involved in the incidents. It is crucial for employers to have defined processes in place for handling employee terminations as outlined in their policies and procedures.

If you can follow these guidelines as per company policy, it means you’re going to be consistent and fair throughout the process. It will help reduce stress on your behalf, knowing that you’re following the best laid-out plans and employees won’t be up for any nasty surprises. Before terminating an employee, a manager must carefully prepare to prevent misunderstandings and accusations of illegality. Handling the actual firing session must be done with care. How you treat the person could determine if he or she feels wronged enough to file a lawsuit — even if it has no merit. Preparing for a termination session should include these common-sense do’s:

It’s stressful having to let an employee go. But keep in mind that it is your right to fire underperforming or policy-violating workers as long as you have: Knowing you are “in the right” will make the task easier. As the HR Solutions Manager of ComplyRight, Jaime brings her multi-product management experience to forward-thinking HR processes and solutions. Her career in HR began in 2007 as an HR manager at a small marketing firm. Extremely passionate about HR, she is full of ideas to improve HR in small businesses.

She is focused on developing next-generation products to replace traditional HR solutions, making HR management easier for employers. FUN FACT: Jaime enjoys shopping for shoes and handbags, but she is also highly competitive against her friends in their fantasy football league. 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:

Hr At Termination Meetings Dos And Don Ts Hamilton Law Firm

People Also Search

Schedule A Consult: 609-945-7310 | Toll Free: 800-742-1490 Schedule A

Even If The Termination Is Not Related To Your Performance,

🟢 SECTION 1: DOs – What HR MUST DO During

Employees Who Feel Unlawfully Terminated Can Bring A Wrongful Termination

Last Year, We Published A Blog About Things An Employer