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What Should I Take Into Consideration Before Terminating an Employee?

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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When the personnel department looks at a request for termination, it must fit the questions considered to the circumstances of that particular case. The importance of common sense cannot be overstated. Among the questions that a reviewer should consider are:

  1. How long has the employee been with the company?
  2. What is the employee's age, sex, and minority group status?
  3. Has the employee recently complained about safety or the integrity of company products?
  4. Has the employee recently exercised a legal right such as filing an OSHA complaint, filing a workman's compensation claim, or serving on a jury?
  5. Are the employee's pension rights due to vest shortly?
  6. What reasons for discharge will be stated if litigation occurs?
  7. Have the company's disciplinary procedures been followed?
  8. Is the employee's improper conduct or failure to respond to corrective suggestions documented?
  9. Can the supervisor identify specific tasks or responsibilities that were not properly carried out?
  10. Did the employee have fair advance notice of the standards by which his or her performance would be judged?
  11. Are there extenuating circumstances that justify a lesser penalty?
  12. Have other employees who have engaged in similar conduct been terminated?
  13. Do the reasons for discharge adequately match the applicable termination standard?
  14. How strong is the evidence of the event that triggered the discharge?
  15. How strong are the documentation and other evidence of progressive discipline?
  16. Has the reviewer looked at the employee's entire personnel record?
  17. Does the employee's prior disciplinary record support termination?
  18. Has the reviewer followed the company's own contractual policy and employee handbook procedures regarding discipline and discharge?
  19. Has the employee's explanation of the "triggering event" been obtained before making the termination decision?
  20. Are both the documentation and the decision to terminate timely?
  21. Would a transfer of the employee to a different job or facility or a medical or personal leave of absence alleviate the problem?
  22. Should there be a 60-day or other reasonable probationary or warning period?
  23. Should there be a final warning?
  24. If the reasons for discharge are related to adverse business conditions, what is the evidence the particular employee was or was not selected for discharge (layoff) or a pretext for age, sex, race, or other discriminatory reason?
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