The following procedures are recommended as steps that employers can take to help minimize their liability in case of wrongful discharge and/or discrimination claims:
- Review recruiting materials, advertisements, employment applications and brochures, to avoid using words creating an implied “permanent” employment.
- Train personnel staff to avoid pre-hire interview procedures which overstate job security or advancement opportunities.
- Review employee handbooks and personnel policy manuals often to ensure that policies reflect actual practice.
- Use language in all handbooks and manuals that clearly states employment is on an “at-will” basis.
- Refine employee evaluation systems to ensure honest and accurate appraisals of employee performance.
- Utilize progressive disciplinary procedures to warn employees of unsatisfactory performance and to provide them with an opportunity to correct deficiencies.
- Prepare written reasons for an employee’s termination. After thoroughly discussing and explaining them, provide the employee the opportunity to review, comment, and sign the termination notice.
- Avoid spur-of-the-moment terminations when emotions are running high by requiring at least one other supervisor or the personnel manager to participate in and/or review each discharge.
- Be consistent in applying disciplinary and termination procedures. Avoid disparate treatment of employees in similar circumstances by appointing one senior officer to review all terminations.
- Make sure the exit interview deals with any and all questions the employee may have
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