Much as documentation is important in construction projects, it is equally important in employee terminations. When you are considering terminating an employee, you should make sure you have all of your supporting documentation before the actual termination, instead of cobbling together the documentation several months afterwards.

As many of you have experienced, an employee disappointed with his or her termination, does not have to sue immediately. The ex-employee often times has in excess of 300 days in which to challenge the termination. In that 300 days, memories fade, documents are misplaced, and key decision makers may move on to other positions. To avoid getting burned by these changes in circumstance, we recommend employers prepare a termination report whenever an employee is terminated.

The termination report should contain the reasons for the termination and the circumstances that led up to the ultimate decision to terminate the employee. This document could become the key document to defend against an ex-employee’s claim of discrimination or retaliation. Because of the significance this document could play in your defense of the ex-employee’s claim, it is well advised to work with experienced counsel in drafting the termination report.

If you’d like a sample Termination Report, give me a call and I’ll send you one.