In part 4 of her four-part series, Ms. Rinardo explains how to part ways with an employee.

1. HUMAN
RESOURCES
SERIES:
TERMINATING AN
EMPLOYEE
Part 4 of 4
Joanne Rinardo

2. IN PART 4, MS. RINARDO EXPLAINS
HOW TO PART WAYS WITH AN
EMPLOYEE.
Is there an employment contract or is he/she at-will?
Is the employee in any protected class?
How should the employer handle termination?
What happens after termination?
There are several questions to ask to protect yourself
from possible litigation:

3. IS THERE AN EMPLOYMENT
CONTRACT OR IS HE/SHE AT-WILL?
Remember, Louisiana is an "at-will" employment
state, so unless you have a contract with the
employee, you may fire them with or without
cause.
If you have a contract, review the contract to
determine under what circumstances the
employee can be terminated.
Consult with an attorney about your rights.

4. IS THE EMPLOYEE IN ANY
PROTECTED CLASS?
Does your employee have a membership in a
protected class?
If you do not have 15+ employees, you are exempt from
most state and federal laws that protect employees.
Protected status can be based on age, gender, race, religion, color
and/or physical/mental disability.
You may still terminate an employee in a protected class as long as you
can document that 1) the employee violated a policy or procedure or 2)
you have terminated others not in a protected class for similar reasons.
It is helpful to have an Employee Handbook that specifies
procedures and violations of policy.

5. HOW SHOULD YOU HANDLE
THE TERMINATION?
The less said, the better. You do not owe the employee an explanation
and should keep the reasons brief and general.
Do not provide the employee with a written explanation for the
termination. Remember, Louisiana allows one party to tape
conversations secretly. Assume you are being recorded!
Avoid disruption to the workplace by: changing the person's computer
password, retrieving copies of keys, and escorting them off the
premises.
You are required to pay them all wages owed and any unused vacation
within two weeks or by next pay period.
You've determined the termination is without legal
consequence, now it is time to inform the employee.

6. WHAT HAPPENS AFTER
TERMINATION?
Once the employee has been informed, you need to alert your staff without explanation
that he/she is no longer employed.
All reference requests concerning the terminated employee should be handled by HR
or the Office Manager and should be neutral.
If you want to provide severance pay, you should consult an attorney about securing a
release form as a condition for the severance.
Informing the Rest of Your Staff

7. REMEMBER: COMPETENT
AND CARING STAFF
DECREASE YOUR RISK OF
BEING SUED!
Joanne Rinardo
504 593 0616
jrinardo@deutschkerrigan.com
Contact the author: