Once we’ve made the decision to terminate an employee, how quickly must we act to actually sever the relationship?
Quick Answer
There is no set deadline, but to avoid potential issues it is best to move to finalize the decision as promptly as reasonably possible.
Legal Perspective
Vinson and Elkins
Houston, Texas
It’s important to move as quickly as you can once the decision to terminate has been made, says employment law attorney Christopher Bacon (cbacon@velaw.com) of the firm Vinson & Elkins LLP.
The problem any sort of delay can create is that the employee may see the writing on the wall and take the opportunity to file complaints (real or made up) or raise health problems. Once this happens, an otherwise legally defensible termination becomes more problematic.
If a delay is inevitable (because someone’s out of the office, for example), document contemporaneously by email the decision process between the supervisor and HR. That way, you can better demonstrate the decision to terminate was made prior to the employee raising a complaint or a health issue.
Relevant Case Law
Langenbach v. Wal-Mart Stores, Inc.
Willis v. UPMC Children’s Hospital of Pittsburgh
Davis v. Review Board of Indiana Dep’t of Workplace Development
HR Insight
PCC Medical Holdings
West Palm Beach, Florida
This should be decided on a case-by-case basis based on the reason for termination, says Director of HR Sue Schwartz.
If an employee is blatantly violating company policies, then it would be prudent to move quickly and cut off all access to company property. Always remember, a disgruntled employee can do harm on a company computer in a matter of minutes. In that case, bring them into the manager’s office to discuss the termination and have the IT team restrict the access prior to the employee returning to their desk to gather their belongings.
First Place AZ
Phoenix, Arizona
It depends on a few different factors, according to HR Manager Sarah Marchese. Depending upon the reason for termination, some terms need to happen immediately in the best interest of intellectual property, employee safety, etc.
Other times, the termination may come with notice and this usually only happens with senior-level executives, granted the reason for their termination is not due to egregious actions/behaviors such as harassment, theft, etc. Check your local and state laws as well to ensure compliance. Most, but not all, employees are considered at-will.
Pareto's Talent a LIFT Consulting Company
Madison, Wisconsin
That depends on the individual, the situation, and sometimes the industry, says Director of Recruiting Laura Mael. Additional steps may be required for specific types of terminations that may take a specified period of time to complete.
The general rule of thumb would be that once the decision has been made, find a way to make it happen within 48 hours – if only for the sanity of everyone involved.
The Cost of Noncompliance
Jury awards $515K verdict after employee’s abuse of patient
Who was involved: Sparks Regional Medical Center, a medical center in Arkansas; its insurer; and the parent of a former center patient.
What happened: A food service worker at the medical center sexually assaulted a young patient in his hospital room. The patient’s parent filed a lawsuit alleging negligent supervision and retention. The parent alleged that negligent supervision and retention of the employee proximately caused the patient’s injuries.
Result: A jury returned a verdict for the parent in the amount of $515,000, and a court upheld the verdict.
Info: Medical Assurance Co., Inc. v. Castro, 2/26/09.
Company’s cable tech kills elderly woman in her home: Jury awards family $7.3B
Who was involved: Charter Communications, which is a Connecticut-based cable operator, and a former customer’s family.
What happened: After he had allegedly been issued a written disciplinary action and exhibited a pattern of stealing credit card and personal finance information from elderly female customers, a Charter Communications field technician killed an elderly female customer in her home. The victim’s family sued, alleging negligent hiring and asserting that the technician told supervisors just days before the murder that he was experiencing serious personal problems and was out of money.
Result: A jury awarded the family $7.3 billion.
Info: Negligent Hiring Price: More Than $7 Billion, 8/2/22.
Jury awards $1.9M to employee who was attacked by colleague at work
Who was involved: M.R. Enterprise and employee Gabriel Affonso.
What happened: An employee was arrested while on a business trip for allegedly threatening a co-worker and another employee. He was released from jail and admitted he wanted to “get back at” the co-worker for having him arrested. The co-worker reported his concerns about the employee to the company’s owner, who let the employee return to work after a short cooling-off period. The employee attacked the co-worker at work the first time he saw him, producing serious injuries. The employee sued the employer for negligent retention.
Result: A jury awarded $1.9 million, which was reduced to $1.2 million to account for comparative fault reductions.
Info: Jury awards $1.9M to employee attacked by colleague at work, 8/1/16.
Key Takeaways
- In all cases, the relationship should be severed as soon as it is practically reasonable to do so.
- Any employee who presents an imminent safety threat must be removed immediately.
- Delaying the completion of the process may increase the risk of receiving a complaint alleging wrongful termination.
- Whenever it is feasible to do so, terminate the employee in an in-person meeting.
- Treat employees with compassion and respect when communicating the termination decision.
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