Steps Employers Should Take Before Terminating an Employee

Terminating an employee without proper preparation can increase a business’s legal risk. Inconsistent discipline, poor documentation, or failure to follow workplace policies may lead to employment claims. Our Harrisburg employment law lawyers at Mette Attorneys at Law help employers understand their legal obligations before making difficult employment decisions. 

Step One: Review the Reason for Termination

Employers should identify a legitimate and well-documented reason for ending an employee’s employment. For example, if an employee has repeatedly violated the company’s attendance policy after receiving two written warnings, the employer may have a legitimate basis for termination. The employer should keep records of the missed shifts, prior warnings, and the employee’s responses. 

Step Two: Check Company Policies and Employment Agreements

Employers should review employee handbooks, workplace policies, employment agreements, and other documents that may affect the termination process. Company policies can establish procedures for discipline, performance reviews, investigations, and termination.

For example, if a company’s attendance policy states that employees may be terminated after three unexcused absences, the employer should review the employee’s attendance records and prior warnings before making a termination decision. 

Employers should follow their established policies consistently. Deviating from a policy without a legitimate reason can create questions about the employer’s decision. Mette Attorneys at Law can help businesses review applicable policies and assess potential legal risks.

Step Three: Look for Potential Discrimination or Retaliation Claims

Employers should consider the timing and circumstances surrounding a termination. A termination can create legal concerns when an employee has recently made a discrimination complaint, requested a workplace accommodation, participated in an investigation, or engaged in another legally protected activity.

For example, if an employee with several unexcused absences recently complained that their supervisor was treating them differently because of a protected characteristic, the employer should carefully review the timing before terminating the employee for attendance violations. The employer should confirm that the attendance violations are well documented and that other employees with similar attendance records have received similar discipline.

Step Four: Document the Decision

Clear documentation can help establish the reason for a termination. Employers should maintain records that support the employment decision, including:

• Performance evaluations

• Disciplinary records

• Policy violations

• Written warnings

• Relevant communications

For example, if an employee is being terminated after repeated attendance violations, the employer should keep records of the employee’s missed shifts, dates of unexcused absences, prior written warnings, and any communications about attendance. These records can help show that the termination was based on documented attendance problems and was consistent with the company’s policy.

Mette Attorneys at Law can help employers develop appropriate documentation practices and review termination decisions before they are implemented.

Make Informed Employment Decisions with Our Harrisburg Employment Law Attorneys

Implementing consistent employment practices can help your business improve workplace decision-making and lower potential legal risks over the long term. Our employment law lawyers in Harrisburg can review the circumstances surrounding a proposed termination to help businesses understand their legal obligations. Reach out to Mette Attorneys at Law today by calling 717-232-5000 or using our online contact form.