fully reviewed the facts should it then consider discipline. Otherwise, the employer
risks claims of unfair treatment (or worse) should it react on a snap judgment.
Documentation that is generated should be drafted with thought and care.
Although a lack of documentation can be problematic, poor documentation can be
worse. Supervisors should be trained in proper documentation techniques, and
human resource personnel should review documentation before it is issued.
Managing the Termination Process
A thoughtful and consistent approach to terminating employees is in everyone’s best
interest. Treating employees fairly and respectfully particularly when they are being
terminated is a good business practice, is good for morale, and will reduce the chance of
litigation over the termination. Here are practice points to follow.
HOW TO AVOID THE TOP TEN TERMINATION MISTAKES
Eliminate Unconscious Bias From Decision-Making: Bias more often
arises from unconscious stereotypes and skewed perceptions than from conscious efforts to hurt persons in protected groups. Proactive steps to ensure that employees are evaluated objectively include educating decision makers to compare every decision to how similar situations were handled.
2. Talk to Employees with Disabilities: Disability laws do not allow employers to make unilateral decisions about employees with disabilities but require a flexible interactive process. Employers must initiate a dialogue with employees requesting an accommodation and be creative in seeking solutions, involving doctors where necessary to resolve questions and concerns.
3. Don’t Retaliate: Terminating an employee who has recently complained of workplace discrimination or other illegal conduct will likely give rise to a retaliation claim. Before terminating a complaining employee, employers must ensure that it consistently treats the conduct as a terminable offense.