Dealing With the Aftermath of a Termination Loren

Dealing With the Aftermath of a Termination Loren B. Smith

Practical Considerations • Security Measures – Be sure to change all passwords – Collect all City property – Change locks/electronic access – Contact security if necessary

Practical Considerations • Notifying other employees – Just a statement that John Smith is no longer employed – Be sure that other employees do not talk to future employers seeking a reference • Instruct employees to refer any possible references to HR – HR should be instructed to verify dates of employment and rates of pay

Practical Considerations • Have a witness with you in the termination conference to take notes • Make sure the notes are placed in the employee’s file • When informing the employee why they are being terminated, use facts, not opinions

Severance Agreements • Involve your City Attorney/counsel • Be sure that any severance agreement includes some compensation in addition to what the employee would already be receiving – Depending on the wording of your personnel policy, the employee will receive payment for unused sick leave, personal leave and vacation pay

Practical Considerations • Instruct the employee in the agreement that taxes will be withheld from the total amount of pay under the severance agreement • You can include a confidentiality agreement but it may not be enforceable – Be sure to include language excepting Public Information Act requests – Confidentially agreements have a greater effect if you are making multiple payments to the former employee

Open Meetings • In most cases, employment issues can be discussed in executive session – Keep in mind that if the employee chooses to have the discussion in open session, it must be in open session • A severance agreement typically must be approved by the governing body in an open session

Unemployment Compensation • Unemployment compensation is available to an employee unless the termination was for misconduct related to the job • The TWC is typically very pro-employee. • There are times when you may not want to contest the award of unemployment compensation

Criminal Charges • Occasionally, an employee’s conduct which leads to termination may constitute criminal conduct • Consideration must be given to whether the employer wants to bring this matter to the attention of the District Attorney • This is not a matter for negotiation in the severance agreement