How to Terminate an Employee
Q: I need to terminate an employee. I’m willing to pay severance, but I want to make sure that the employee won’t sue me for even more or bring some other claim against me. Is there some way that I can protect myself?
A: Yes. If you are going to pay an employee severance, even though there’s no policy or employment agreement that requires you to do so, you should normally get a release from the employee – that is, a document that will foreclose the employee from making additional claims against you. If the employee is 40 or over, the release document gets a bit complicated and you’ll have to make sure you have the right kind of form. It’s also a good idea to standardize in advance who get severance, in what amount – otherwise, there is the potential for discrimination claims.
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