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  • Prologue
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    • Staffing in One Lesson
    • Why Nonprofits Have a Difficult Time Finding Employment Candidates
    • Employee Relations, Pre- and Post-Termination Guidelines
    • Sample Memo: The Analyst’s Role
    • Sample Internship Program Description
    • General Independent Contractor Agreement
    • Investment Policy Statement
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• Grassroots Leadership Guide to K-12 Education Reform
• Taking Donors Seriously
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Employee Relations, Pre- and Post-Termination Guidelines

Pre-termination decision guidelines

1. Employer must have a legitimate, non-discriminatory reason for terminating the Employee.  Do not make off-hand remarks regarding the reason for termination.
2. Employer should maintain documentation supporting the legitimate, non-discriminatory reason for termination.  Reasons for termination should be carefully justified.
3. Employer should question Employee regarding his or her side of the story and should speak to potential witnesses.
4. Employer should centralize termination decisions to maintain consistency.  Avoid decisions by a single person -- try to involve two or more managers at every level of decision-making.
5. Employee should be treated in a manner consistent with the employee handbook.
6. Other employees who have committed the same offense should have been treated similarly.  Be particularly careful with regard to an Employee in a protected class.
7. If the Employee complained of discrimination, harassment or failure to accommodate a disability, such complaints should have been properly addressed.
8. The discharge must not be in retaliation for a previously filed discrimination claim or for "whistle-blowing."
9. The Employer should truthfully communicate the termination to the Employee, without overstating or understating the reasons for termination.  Management should avoid making inconsistent statements.
10. Make sure that appropriate federal, state and local fair employment practice posters are posted in a conspicuous location to ensure that the statute of limitations for filing discrimination claims begins running on the date of an employee's termination.

Post-termination decision guidelines

1. Another management witness should be present when the termination decision is communicated to Employee.
2. The reasons for termination should be truthfully communicated to Employee.
3. Employer must comply with any applicable wage payment laws, severance policies, administration of benefits, and insurance law requirements.
4. Employer may consider providing post-termination benefits in exchange for a release.
5. Employer should treat Employee fairly with respect to all post-termination issues (e.g., Employer may not retaliate against Employee; Employer must not defame Employee).
6. Employer should consider giving "neutral" references regarding former employees to avoid charges of defamation or discrimination.  Others in the association should be advised of such a policy if it is adopted.
7. Reasons for discharge should be consistently stated.