“You’re fired!” “It’s just not working out.” “We’re going to have to let you go.”

No matter how you say it, terminations–whether they involve a single employee or a large-scale layoff – are probably one of the least favorite parts of your job. Along with the emotional stress they cause, terminations can also pose enormous legal risks. Make one mistake in the firing process, even an innocent one, and your company may quickly embroil itself in a costly lawsuit.

There are so many different ways to get it wrong:

• You say something to a departing employee in the heat of the moment that is prime lawsuit fodder later on.
• You discover after the firing that the ex-employee’s supervisor has always written glowing performance appraisals for that worker–and the documentation now suggests retaliation.
• You go the extra mile by offering severance payments with waivers to employees being laid off–but a common wording error later renders those waivers unenforceable.
• You make an error calculating a terminated employee’s final paycheck, or you withhold funds from departing workers that you’re not lawfully allowed to deduct.

Order thi in-depth 90-minute webinar recording, where you’ll learn:

• The most common termination-related mistakes employers make–and how to avoid repeating them
• Why you must prepare for the possibility of termination even before you hire an employee
• The specific policies and practices you need in place to lawsuit-proof your company before you terminate another employee
• What you should always say–and what you must never say–when letting an employee go
• How to review your severance agreements to make sure they’re binding, and what risky language to avoid
• The crucial post-termination steps you should take to stay out of legal trouble
• What to do when an employee fired for cause later asks you for a job reference
• The unique risks involved in group layoffs, as well as terminations involving older workers
• What you can – and cannot – deduct from a terminated worker’s last paycheck

Maribeth L. Minella, Esq., is an associate with the law firm Young Conaway Stargatt & Taylor, LLP. She represents management exclusively in all facets of workplace law, defending employers in litigation matters in both federal and state courts. As employment counsel, she advises clients regularly regarding day-to-day employment issues such as employee discipline and discharge, reductions in force, and restrictive covenants. Minella contributes regularly to her firm's DelawareEmploymentLawBlog.com site. She earned her law degree from Boston University.

Approved for Recertification Credit

This program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

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