Proper vs. Improper Employment Termination (how to fire)

Below is some very simple guidance on terminating employees, if you, as an employer, are going to have to do it.  If you happen to catch an employment termination claim, your attorney will be really glad you did these things.

Proper Termination                                        Improper Termination

Follow policy and procedure Firing without sufficient documentation
Gather and maintain proper documentation Firing without following proper procedure
Do not delay once decision is made Providing a positive reference for a terminated employee
Determine status of employee Arguing with the employee during the termination meeting
Have at least one witness during termination meeting
Provide written and dated termination notice; obtain employees signature on notice

Posted by Shawn Roberts

On this blog, I write about and try to answer practical Oklahoma legal questions. My focus and most experience is in estate planning and business issues including Oklahoma non-compete law. I make a living as an attorney in the law firm I founded, Shawn J. Roberts, P.C. in Oklahoma City. I live in Edmond with my wife Amy and my two children, Sam (19) and David (11). We live precisely in the path of where the "wind comes sweeping down the plains."