Employee Termination: Best Practices

by Maria Greco Danaher, Ogletree Deakins, with Practical Law Labor & Employment

A Practice Note providing guidance on employee termination best practices under federal law. This resource addresses the key issues employers must consider to minimize the significant legal risks associated with wrongful discharge claims. It outlines how to establish and document legitimate, non-discriminatory reasons for termination, assuming an at-will employment relationship. This Practice Note examines the complex web of applicable federal laws that can limit an employer's ability to terminate an employee, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Family and Medical leave Act (FMLA). It also provides crucial strategies for creating objective performance documentation, applying company policies consistently, and conducting internal investigations. Furthermore, this resource details essential termination protocols, covering how to deliver the message professionally and handle post-termination matters such as protecting sensitive company information and using waiver and release agreements.