Employee Separation

All things must end, and employment is no different. Whether the separation is initiated by the employee or by the employer, HR representatives need to know how to handle the situation, and what laws may apply. Regardless of why employees leave, companies may have regulatory responsibilities, such as providing COBRA coverage and unemployment compensation.
Terminations

Employees whose work is not satisfactory should be notified of that fact as early as possible, both to allow for improvement and to prevent any later termination from being a total shock

Preparation

When planning an employee termination it's important to be prepared. HR must make a case for the termination. The detail needed may vary depending on the culture, employment relationship (i.e. contract versus employment-at-will), collective bargaining agreements, etc. The following list shows the factors that are likely to be considered if a termination is challenged.

1. The employee was made aware of your expectations.
2. The employee was warned of the possible consequences of his or her conduct (or failure to meet expectations).
3. The expectation or rule at issue is reasonably related to efficient and safe operation.
4. The employer investigated the matter fairly and objectively before administering discipline or termination.
5. The employee was given a chance to tell his or her side of the story.
6. The employer offered substantial evidence to support its decision.
7. The employer applied its rules even-handedly and without discrimination or retaliation.
8. The degree of discipline (or termination) is reasonably related to the seriousness of the issue, taking into consideration the employee's work record and length of service.
9. To put all this together, if an older employee is released for attendance problems, and a younger employee is hired as a replacement, the terminated employee might attempt to make a claim of age discrimination.

Gather the Facts
Collect the facts from all parties involved before determining if an employee should be discharged. Conduct the investigation as soon as possible. An employee's recollections of events can fade, and information shared between employees can taint the truth.

Check the Employee's File
Maintain a general file for every employee. (Remember, when the employee is eligible for health benefits, establish a separate file for protected health information.) Make a note in the file whenever the employee receives a verbal warning. A written record of verbal warnings serves as a reminder of actions taken, and is especially useful if an employee transfers to a position under another supervisor, or if the supervisor leaves and a new person is hired. If a termination is necessary, the employee file should already include documentation on the reason and justification. You should not need to "build" a file to justify termination.

Review the Facts
Before making a final decision on termination, review and analyze the findings to verify that they are accurate.

Consult with Supervisors
Supervisors should talk to HR about a potential termination. The supervisor should also follow company policy on who has the final decision to terminate, as well as how and where the termination should take place. Neither a supervisor nor HR personnel should perform the termination on his or her own.

Termination Procedure
Companies should have a detailed procedure for employee termination, and that procedure should be followed to avoid a possible wrongful termination suit.