Legal Do S And Don Ts During Employee Termination Hr Linkedin

Bonisiwe Shabane

-Oct 28, 2025, 4:04 PM

legal do s and don ts during employee termination hr linkedin

⚖️ 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. 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: 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.

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. One of the most challenging aspects of being an employer is making the decision to terminate an employee and then communicating the decision. During this process, it’s important to be careful about what you say and do.

The following are some do’s and don’ts for handling the termination process. Ensure that more than one individual is involved in the termination decision and carefully examine the facts and circumstances of the situation. The decision should be job-related and supported by relevant documentation. For example, termination decisions should never be based on an employee's protected activity, such as filing a discrimination complaint or taking job-protected leave. If the employee's performance is the issue, consider whether you have given them a reasonable opportunity to improve. Additionally, ensure the decision is consistent with your company policies and how you have handled similar situations in the past.

Consult legal counsel as needed. Once you have decided to terminate the employee, schedule a time and place for the termination meeting and plan to have a witness present. The witness can also take notes during the meeting to document what was said. Think carefully about what you plan to say, using the guidelines that follow. Avoid small talk to start the meeting. Instead, be straightforward with the reason you are meeting, and then provide factual support for your decision.

For instance, an employer could start by saying, “the reason for this meeting is to notify you that we are ending your employment with us, effective today, because you didn't meet performance standards for... Then, discuss next steps, such as assisting the employee in clearing out their workspace. 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.

Legal Do S And Don Ts During Employee Termination Hr Linkedin

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