The process of separating an employee from a company must be clearly set out and planned in advance. We recommend developing a separation checklist so that all of the company’s policies are followed, as well as any applicable laws that pertain to the employer and their industry. This article provides five issues employers should consider in developing a separation checklist for their company:

1. Documenting reason for termination

Employers should establish a protocol for documenting the reason for termination. Some considerations for documenting could include the following:

• Is there a company policy that was violated? Is this policy in writing? Has it been distributed to the employee, and has the employee signed an acknowledgment of the policy?
• Who was involved in the termination decision?
• Review reasons for termination, and have clear guidelines for seeking legal counsel to avoid any potential wrongful termination or discrimination claims.

2. Final paycheck amounts and timing requirements

An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Ensure that the final paycheck will be available to the employee on a timely basis (see below for timing requirements). If an employee had direct deposit, an employee must re-authorize direct deposit for a final paycheck, and this should be documented. In Canales v. Wells Fargo, N.A., (2018) the court held that employers are not required to provide...

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