Is the termination contrary to a representation by the employer on which the employee reasonably relied?
Is the termination contrary to public policy – e.g., for refusing to testify falsely in a criminal proceeding, for enforcing safety laws that it is the employee’s responsibility to enforce, for cooperating with a criminal investigation, for consulting with an attorney regarding employment issues, or for reporting unlawful conduct to management?
Is the termination the result of unlawful discrimination?
Is the termination the result of a facially neutral employment practice or policy that has a disproportionate impact on members of a protected category?
Is the termination prohibited because it violates the National Labor Relations Act’s “right to self-organization, to form, join, or assist labor organizations … and to engage in other concerted activities for the purpose of … mutual aid or protection [or] the right to refrain from any or all such activities?”
Did the employer follow its own policies and past practices in terminating the employee?
Sample Exit Interview Form
Post Termination Considerations and Issues
Employers should have a policy regarding post-employment references and should
endeavor to follow the policy and encourage their employees to do so. In general, employers
should designate one individual or a limited number of people to respond to requests for
references. All people in the organization should know to whom reference requests should
be forwarded and should understand that only the designated individuals have the authority
to respond to reference checks. The individuals responsible for responding to reference