Phoenix business law firm Jaburg Wilk Managing Partner Gary Jaburg shares nine considerations prior to terminating an employee.

1. Nine Considerations Prior to
Terminating an Employee
Gary Jaburg

2. 1. Are they a member of a
protected class?
• Age
• Sex
• Religion
• Disability
• Other

3. 2. Does the company have an
employee manual or handbook?
• Does it address reasons for termination?
• Have all discipline processes been
followed?

4. 3. Employee evaluations
• What has been written about the
employee’s performance previously?
• Is this a pattern or new problem?

5. 4. Could there be a retaliation
or secondary claim made?
• FMLA violation
• Whistle blowing
• Harassment
• Other claims

6. 5. Have other employees in
similar situations been treated
the same?

7. 6. Actions other than termination
• Probation
• Improvement plan
• Suspension
• Leave (with or without pay)

8. 7. Review all documentation
• Verify that it is accurate and complete
• Does it follow established procedure?
• In compliance with state specific laws?

9. 8. Is severance going to be offered?
• Termination package
• Is release going to be requested?

10. 9. Consider impact on organization
• Positive or negative morale
• Alignment with culture and values