Are You Prepared ?Are You Prepared ?Are You Sure ?Are You Sure ?

Discrimination Retaliation Constructive Discharge

voluntary and indefinite for both employees and employers

Promise Statement Company Policy Company’s historical

actions

whistleblower protection rights are designed to: encourage employees to halt,

report or testify about employer acts that are

illegal or unhealthy, without fear of employer

retaliation.

Extraordinary change Intolerable working

conditions

Negative, false statement of fact regarding Serious criminal

misbehavior Sexual misconduct Background checks

intentional twisting of the truth or

concealment of facts

Fair Credit Reporting Act Bankruptcy Act Discrimination Laws Defamation laws

Performed annually Written truthfully

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Develop fair rules & consequences

Clearly communicate policies Conduct a fair investigation Balance consistency &

flexibility Use corrective—not punitive—

action

Terminate the Employee’s Services If you have a progressive discipline policy, follow

that process before moving to termination

You may need to be more flexible (e.g. advancing the severity, shortening the process, etc.) based on the individual situation

Consider the timing of the termination meeting relative to other open or outstanding issues

Terminate the Employee’s Services Ensure the employee has been afforded due

process

Schedule termination meeting as soon as possible after process and documentation are complete

Arrange to have two witnesses present

Prepare meeting materials: termination letter, forms, termination checklist, etc.

Guidelines for the Termination Meeting: Keep it short and to the point

Do not try to make it easier by saying “nice” things

Employee must know specifically why his/her services are being terminated – employee must leave with a clear understanding of what caused this action

Stand your ground – do not allow the employee to argue with you

Set out a plan and follow it – do not change your mind