Deliberations on the termination should be kept within a small circle, and details beyond the fact of the termination should only be provided on a need-to-know basis. A statement that the company made the decision to terminate based upon specific grounds (poor performance, absenteeism) will suffice. If challenged, stick to stating a summary of the company rule or expectation that the employee failed to meet. Avoid inflammatory adjectives and phrasing. Insubordination is a valid reason to terminate. “Rank” insubordination is an unnecessary escalation of a difficult conversation. “Absenteeism” is grounds for dismissal. “Job abandonment” is a legal term of art, however, and should be used only when actual job abandonment has taken place.
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May 2012Careful planning and calm consideration can make the difference between proper termination and wrongful termination, avoiding a costly lawsuit and a poor public image.
Steven M. Harris, Esq., is a health care attorney and a member of the law firm McDonald Hopkins, LLC. Reach him at sharris@mcdonaldhopkins.com.
Reprinted with permission from the American College of Rheumatology.
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