Employee Termination Checklist - Part 1

Following up on last week’s Tuesday Topic here regarding the importance of exit interviews, this week we turn to practical steps and checklists to run through before terminating an employee.? Importantly, employers should weigh and evaluate a number of issues, such as the legal ramifications of the termination, who to notify, and what compensation must be provided to the employee (and when), among other issues.? This week’s Topic is one of several discussions outlining steps that employers can (and should) take in the event of an employee departure. ?

Evaluate the Legal Ramifications of Termination:

□??????? Rationale for termination reviewed and documented

□??????? Risks such as retaliation evaluated

□??????? Risk/benefit analysis completed

□??????? Potential for violence or extreme emotional reaction by terminated employee evaluated

□??????? Final decision reviewed with Human Resources

Notify Human Resources (If not already involved):

□???? Notify HR: As soon as you are aware of and/or receive a letter from an employee that notifies you of the employee's intention to terminate employment, or you terminate an employee, notify your Human Resources or related officer

□???? Official Notice: If an employee tells you of his/her intention to leave your employment, ask them to write a resignation letter that states they are resigning and their effective resignation date

Remove Company Access / Return of Property:

□???? Disable employee building or property access:? Effective on the termination date, whether immediate in a firing situation or at a mutually agreed upon end date, you need to terminate the employee's building access:

__???????? Disable entry codes

__???????? Disable card swipe

__???????? Change locks

__???????? Consider changing access and security codes

□???? Return of Property:? Effective on termination date, whether immediate in a firing situation or at a mutually agreed upon end date, you need to recover all Company property:

__???????? iPhone/PDA

__???????? Cell phone

__???????? Key card

__???????? Keys

__???????? Company car

__???????? Parking pass

__???????? Company credit and/or gas cards

__???????? Telephone calling cards

__???????? Home computer (if provided by company)

__???????? Company laptop

__???????? Printer/copier/scanner/fax machine

__???????? Customer list and contact information

__???????? Identification badges

__???????? Flash/thumb drives

__???????? Any other Company-owned materials

Computer Related Issues / Information Systems:

□???? Notify the Network Administrator:? As soon as you know that an employee is leaving, notify the Network Administrator of the date and time on which to terminate the employee's access to computer and telephone systems

__???????? Notify Network Administrator of date and time to terminate computer access

__???????? Notify Network Administrator of date and time to terminate telephone access

__???????? Make arrangements to have employee's email forwarded and reviewed

__???????? Lock access to system and backup data prior to or during the notification meeting

__???????? Remove access to external Company databases and/or remote access software

__???????? Review and change all passwords prior to or during the notification meeting (i.e., access to computer system, online banking or other remote access financial services, etc.)

__???????? Transfer/cancel employee's e-mail account

__???????? Set automatic e-mail notification to alert sender that employee is no longer employed (and forward to existing employee to handle)

__???????? Server access denied/deleted

__???????? Voice mail message changed and/or deleted

__???????? Determine if any Company information is located on employee's home/personal computers, and, if so, request that employee return or delete that information and certify that such information has been deleted or returned

__???????? If misconduct is suspected or at issue, consider an immediate "quarantine" of the employee's computer or other electronic device and have a computer forensic professional inspect the computer to ascertain whether any documents or files were improperly accessed and/or transferred by the employee

Next week, we will discuss additional topics such as final compensation and wage payment issues to be aware of before terminating an employee.??????????

* This is one of a series of weekly articles containing helpful tips and “best practices” for employers to keep in mind when managing their workforce.? These articles are partially adapted from my book, Employment Law Toolkit for Employers.? If you would like a copy of my book, please reach out to me at 312-876-6676 or? [email protected]. Nothing contained in this article shall be construed as legal advice and this article does not create an attorney-client relationship between Saul Ewing LLP and any reader.?