Wrongful Termination Pre-Termination Checklist

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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

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
    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 Yescheck 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
    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.

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