Checklist: Employment-At-Will Discharge Considerations

If you are considering terminating an employee solely on the organization's right to discharge, protect the company by considering the following:

• Review the scope, policy considerations, documentation, implementation logistics, communication and security considerations that must be addressed in every involuntary termination.
• Assign responsibility for planning and conducting the termination meeting.
• Determine if service letter agreements required.
• Determine if an employment release will be included in the termination proceedings.
• Determine if there are privacy issues that must be protected.
• Determine if there are trade secrets and/or confidential information that should be protected.
• Schedule an exit interview.
• Determine what will the employment reference contain and make sure it has been reviewed with the employee.
• Determine whether outplacement support will be provided.
• Determine whether there is any reason to be concerned about potential employee violence and address all security issues.
• Determine what arrangements are in place to remove the employee's remaining personal property safely and securely.
• Determine what will be communicated internally.