Wrongful Termination Pre-Termination Checklist

This Downloadable Template Is Part Of Our Free HR Tool Kit Collection

Avoiding a wrongful termination claim against your company starts with asking the right questions around why your a terminating an employee in the first place.

Our wrongful termination pre-termination checklist is a great starting off point and should be shared with a legal professional before making any final decisions.

The pdf template can be downloaded below. We hope this makes managing your small business HR needs a little easier!

The Team At SINC

Wrongful Termination Pre-Termination Checklist

Can you Fire Someone? The Following Questions Should be Asked First:

Was there any time off taken by this employee for medical reasons? check mark

Was there any time off taken by this employee for a pregnancy? check mark

Was there any time off taken by this employee for military service? check mark

Was there an investigation conducted that supports this decision to terminate? check mark

Have you considered alternate employment solutions for this employee? check mark

Has layoff or voluntary resignation been discussed as another form of separation? check mark

Will any other employees be terminated at or around the same time? check mark

Has the employee ever make complaints about the person(s) making this decision? No Yes check mark

Is there a staff handbook that the employee can refer to that mentions termination? check mark

Is there adequate insurance in place in case of any claims against the company? check mark

Will you offer severance in exchange for release of claims against the company? check mark

Has this employee ever lodged a Worker’s Compensation Claim while employed? check mark

Has the employee ever led a sexual harassment or discrimination claim? check mark

Has this employee ever complained about health and safety violations at work? check mark

Why is this employee being considered for termination? check mark

Is there evidence supporting the reason for this employee’s termination? check mark

Does this employee, if retained, increase risks related to life/health/safety to other employees? check mark

Will you be replacing this employee? If so, what this that timeline? check mark

Have any complaints to the organization ever been made by this employee? check mark

If so, when were these complaints led? check mark

What was the nature of these complaints? check mark

Did the employee in question ever take collective action with others like mass protests or walking off the job? check mark

Are reasons for termination in any way related to their personal social media accounts? check mark

Does their personnel file contain their original resume, job application, performance reviews, and previous warnings? check mark

Was there an interactive process in this case? check mark

Were their any accommodations requested? check mark

Were reasonable actions taken to meet these accommodations? check mark

If they were not made, what was the reason? check mark

Was the employee treated in a different way to other employees who had acted similarly? check mark

Are there any examples of other similar situations where the employee in question, was given more chances? check mark

This sample resource is provided to you free by SINC BUSINESS CORPORATION to help with your compliance efforts and includes no warranty as to its suitability for any particular task. It is only our opinion based on our experience and should not be considered legal advice.

Wrongful Termination Pre-Termination Checklist

This Downloadable Template Is Part Of Our Free HR Tool Kit Collection

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