Termination Checklist – Evaluating the Risk

  • Is the reason for the termination clear? 
  • Are all those that participated in the decision in agreement on the grounds for termination? 
  • Is there credible documentation and testimonial evidence to support the decision? 
  • Is the termination consistent with the treatment of others in similar circumstances? 
  • Has the office’s termination policy been followed (see employee handbook)? 
  • Are there any office policies that may protect the employee against being discharged for the reasons contemplated? 
  • Is there a progressive discipline policy, and, if so, has it been followed? 
  • If progressive discipline was not followed, is there a basis for immediate termination? 
  • Is there documentation to demonstrate compliance with progressive discipline? 
  • Does the termination violate any state or federal laws that may prohibit termination here? 
  • Did criticism of the employee start only after the employee raised concerns of discrimination or other unlawful conditions at work? 
  • Is the reason for termination consistent with problems that have been discussed with the employee in the past? 
  • Will written performance evaluations or discipline actions support the termination decision? 
  • Is the decision to terminate consistent with recent treatment of the employee (e.g. asserting poor performance but recently gave a pay raise)? 
  • Have the employee’s explanation of events leading up to the termination been considered, and, if so, is there credible evidence for rejecting the explanation? 
  • Is the employment relationship likely to be found to be “at will” or could an implied contract not to terminate without cause be inferred? 
  • Have any oral promises or representations been made to employees suggesting employment for a specified period of time (e.g. as long as their work is good, etc.)? 
  • How long has the employee worked for the office?
  • Is there good cause for the termination? 
  • Have alternatives to termination been considered and documented? 
  • Has the employee been given the right to appeal the decision or to have the facts upon which the decision relies be investigated?