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What can I do as an employer to minimize risk during the termination process?

In the latest Louisville Business First Legal Forum Column, BGD partner Philip C. Eschels discussed how employers can minimize risk during the termination process. Read his advice below and don’t miss our monthly legal forum column in Louisville Business First.

What can I do as an employer to minimize risk during the termination process?

The process of discharging employees can be chaotic and emotional. However, being proactive and prepared throughout the termination process can help employers minimize legal risk. 

Before termination, review all employment-related documents pertaining to the employee to ensure all facts and reasons for the discharge are legitimate and documented. Consider if severance pay (in exchange for a release of all claims) is appropriate and analyze potential obligations of both parties at and after termination. During termination, keep it simple; explain final wage payments, benefits issues, any post-employment restrictions, any offer of severance pay and the Company’s employment reference policy. Be sure to retain or obtain any Company property. Post-termination, disable access to business information, communicate the employee’s departure as necessary, ensure all written agreements and payment obligations are finalized in a timely manner and be sure the former employee complies with all post-employment restrictions.

To learn more about Philip C. Eschels and his practice, please visit his profile.

To view the latest Legal Form Column, please click here.

  • Partner

    Phil is a partner and former co-chair of the Labor and Employment Department. He represents employers in defending against employment-related claims in both federal and state courts. He represents clients involving covenants not ...



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