On February 1, 2022, Tampa Bay Buccaneers quarterback Tom Brady officially announced his retirement via Instagram. The word “officially” is key here, as news of Brady’s retirement initially leaked to the media a few days before, apparently causing Brady, the second-best quarterback of all time, much consternation. Suffice it to say, Brady’s separation from the Bucs did not go smoothly.
Employment relationships routinely come to conclusions. Sometimes, there is a mutual, amicable parting of ways, and sometimes, there isn’t. Regardless, there are certain steps employers can take to ensure hiccups are minimized when employment ends.
When an employee is involuntarily terminated, to avoid potential litigation, an employer should ensure it has a solid basis for its termination decision. While employment is “at will” in many circumstances, meaning it can be ended by either party for a good reason, a bad reason, or no reason at all, the more arbitrary a decision appears to be, the more likely it is to be seen as actually being motivated by some protected category or conduct. With that in mind, an employer should approach any termination decision by following its own policies and procedures. For example, an employer making a termination decision should ask itself whether it complied with its progressive discipline procedure—assuming there is one—when deciding to discharge.
When an employee voluntarily resigns, the employer should strongly consider conducting an exit interview. As...
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