How To Fire An Employee

Here are ten quick tips for how to fire an employee:

  1. Pay the employee his or her final wages within the time period required by Minnesota law.
  2. Determine whether the employee needs to be paid for unused vacation or PTO under Minnesota law.
  3. Be prepared to provide notice of the reason for the termination or a copy of the employee’s personnel file if timely requested by the employee.
  4. If the employee is a member of a union, make sure there is just cause for the termination.
  5. If the employee is terminated for misconduct, follow these four tips for explaining the decision to the employee and documenting the termination.
  6. Avoid making inconsistent statements when explaining the reason for the termination.
  7. Follow these six tips if you need to ask the employee to leave the workplace immediately.
  8. If you’re terminating an employee for testing positive on a drug test, make sure to follow the requirements of the Minnesota Drug and Alcohol Testing statute.
  9. Understand whether the employee will be ineligible for unemployment benefits due to employment misconduct and, if not, how that will impact your unemployment taxes.
  10. If you ask the employee to sign a release in exchange for a severance payment, include the 15-day rescission period required by the Minnesota Human Rights Act.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on September 9, 2014, in Terminations and tagged . Bookmark the permalink. Leave a comment.

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