Terminating a Team Member Relationship
By: Adrienne B. Haynes
Tags: Strategy, Employment Law, Business Law, Employees, Hiring Strategy

HR & Employment Law for Entrepreneurs Series

By Adrienne B. Haynes, Esq.

Managing Partner, SEED Law

Being a strong team leader means recognizing that every team member that starts with your company likely won’t be with you forever. During the time that you’re working together, the objectives should be to further the organization’s clearly defined mission, provide a safe work environment and culture, and find ways to bring out the best in your team member so they can perform their best. When the relationship begins, we encourage SEED Law clients to onboard well by setting up their HR department for compliance and taking steps to ensure a good fit.

In the event that an employee’s position at the company needs to end, this decision should be made with care and planning. To begin, here are 12 questions to ask yourself and your leadership team:

Are there clearly defined reasons for termination? Have those reasons been reflected in a prior record? Were the proper procedural steps followed? Is the decision free of ALL bias? Is the termination decision consistent with how similar cases have been treated? Could there be a real or perceived retaliatory motive?

7. What non-legal consequences will this termination cause?

8. How will the termination message be delivered and by whom?

9. Does the employee get to tell their story?

10. What would a jury think?

11. Should you consider asking for a release?

12. Are there any security issues to consider?

If the ultimate decision is to terminate the relationship- plan, plan, plan!

Make sure that all documentation, contact information, and exit paperwork is completed and up to date. Review the employment contract to familiarize yourself with provisions that survive the termination of the relationship, such as noncompete restrictions and how confidential information is treated, conveyed, and returned.

During the conversation, have an agenda to stay focused, and invite an integritous executive or management level team member in as a witness. Share information on severance and benefits packages, contract reminders, exit logistics, and provide an exit survey for candid feedback. For any final wages due, Missouri requires that employers are paid at the time of dismissal.

Honor, even in the exit. Even when parting ways, an owner has to exhibit leadership to make sure that the termination is warranted, and then carried out in the most mature and honorable way. Not only do you have to be mindful to not expose your company to liability, you also want to make sure that every decision and act is done in a way that contributes positively to your company culture. This means handling the nature and confidentiality of an employment relationship in high regard and using it as a learning opportunity to make this part of your employment process smoother.

Change in the workplace can be difficult and making sure you take care of team members as they exit will speak volumes to the remaining staff and may save you from a nasty review on glass door or future lawsuit.

This article is an overview of employment law considerations and does not cover every legal right or obligation, consideration, exception, or restriction. Every business decision should be well researched and discussed with a professional before being made.

To schedule a consultation with a SEED Law attorney, you can give us a call at (816)945–4249 or schedule your consultation today here.

Additional Resources:

Discharged Employees and Final Wages, https://labor.mo.gov/DLS/General/discharged (last visited April 14, 2020).

Frequently Asked Questions, https://www.dol.ks.gov/Laws/FAQlaws.aspx (last visited April 14, 2020).

Making An Employment Decision?, https://www1.eeoc.gov/employers/smallbusiness/checklists/discipline_or_fire.cfm (last visited April 14, 2020).

Questions and Answers: Enforcement Guidance on Retaliation and Related Issues, https://www.eeoc.gov/laws/guidance/retaliation-qa.cfm (last visited April 14, 2020).