When an employee is faced with termination, a company’s Human Resources (HR) department plays a critical role in managing the process with strategic objectives and legal considerations in mind. An employment-law attorney, Craig Levey, outlines the stark realities employees face during such meetings and offers three key questions they should ask: the reason for the termination, when benefits end, and whether a severance package is available.
HR’s primary objectives during terminations are to prevent the employee from preparing for the meeting, to expedite the meeting’s conclusion, and to avoid statements that could create liability for the company. HR doesn’t want employees asking questions during this meeting, which is one of the reasons they don’t give them notice, as Levey explains, emphasizing the company’s intent to shield itself from potential legal repercussions. This tactic is especially important in the US, where most employees are at-will and can be dismissed without cause.
Levey advises employees not to be passive during these final meetings, despite the shock they may experience. Certain employees may refrain from asking questions due to being stunned — they become immobilized, which is understandable. However, it’s crucial to utilize the brief one to two minutes you have with HR or the supervisor to gather as much information as you can.
The initial inquiry should be: Why am I being terminated? As an at-will employee, the company isn’t obligated to furnish a reason for your termination. Nonetheless, it’s worth asking — at worst, they might respond with “We’re not telling you.” However, there are instances where they may inadvertently disclose details that could prove advantageous if you’re considering legal action against the company.
The second question should be: When do my benefits end? Typically, benefits conclude either immediately or by the end of the month following termination. Understanding this timeline is essential for managing health insurance and other necessities, ensuring you know when to take prompt action.
And the third inquiry should be: Am I being offered severance? It’s important to find out if the company is offering a severance package, as this information can help you assess whether consulting with an employment-law attorney is advisable. At the very least, knowing whether severance is offered allows you to better strategize your next moves.
The scenario is different in the case of layoffs, which involve advanced planning and potentially multiple individuals. Companies are more concerned with public perception in these instances and tend to manage the communication carefully.
In both individual terminations and layoffs, the importance of legal and ethical considerations is paramount. According to Levey, while not all HR professionals have negative intentions, it is crucial for employees to recognize that HR’s ultimate loyalty lies with the company’s interests.
Relevant articles:
– I’m an employment lawyer. Here are the first 3 questions to ask HR if you’re laid off or fired., Business Insider, Feb 26, 2024
– Human Resource Management – Firing/ Termination, linkedin.com
– Employee terminations 101: What to say and do when it happens, insperity.com
– I’m an employment lawyer. Here are the first 3 questions to ask HR if you’re laid off or fired., Business Insider India, Feb 26, 2024