Wrongful Termination Pre-Termination Checklist

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.

Can I Fire Someone?

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

The Team at SINC

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

  • Was there any time off taken by this employee for medical reasons?
  • Was there any time off taken by this employee for a pregnancy?
  • Was there any time off taken by this employee for military service?
  • Was there an investigation conducted that supports this decision to terminate?
  • Have you considered alternate employment solutions for this employee?
  • Has layoff or voluntary resignation been discussed as another form of separation?
  • Will any other employees be terminated at or around the same time?
  • Has the employee ever make complaints about the person(s) making this decision?No Yes
  • Is there a staff handbook that the employee can refer to that mentions termination?
  • Is there adequate insurance in place in case of any claims against the company?
  • Will you offer severance in exchange for release of claims against the company?
  • Has this employee ever lodged a Worker’s Compensation Claim while employed?
  • Has the employee ever led a sexual harassment or discrimination claim?
  • Has this employee ever complained about health and safety violations at work?
  • Why is this employee being considered for termination?
  • Is there evidence supporting the reason for this employee’s termination?
  • Does this employee, if retained, increase risks related to life/health/safety to other employees?
  • Will you be replacing this employee? If so, what this that timeline?
  • Have any complaints to the organization ever been made by this employee?
  • If so, when were these complaints led?
  • What was the nature of these complaints?
  • Did the employee in question ever take collective action with others like mass protests or walking off the job?
  • Are reasons for termination in any way related to their personal social media accounts?
  • Does their personnel file contain their original resume, job application, performance reviews, and previous warnings?
  • Was there an interactive process in this case?
  • Were their any accommodations requested?
  • Were reasonable actions taken to meet these accommodations?
  • If they were not made, what was the reason?
  • Was the employee treated in a different way to other employees who had acted similarly?
  • Are there any examples of other similar situations where the employee in question, was given more chances?

Was this free resouce helpful? Why not check out our New Employee Welcome Letter Sample

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This sample resource is provided to you free by SINC LIMITED 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.