Employment termination and settlement discussions: practical tips

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By Michal Stein

One of HR’s great inevitabilities is the need to manage employees’ exits. Employment may end for a variety of reasons and, ideally, a departure will be amicable. In reality, however, many terminations are contentious. 

To safeguard your organisation’s interests, it is prudent to be clear about your various routes and options, before embarking on termination discussions with an employee. If you consider early on the most suitable exit route and your grounds for justifying it, you can minimise the risk of successful future litigation. The aim is not to entrench positions or incur hefty legal costs. Rather, in our experience, early consideration of all possible outcomes helps you to choose the route that is most beneficial to your business.

One issue to consider carefully is the merits and potential risks of adopting a fixed response to terminations. In most scenarios, a number of avenues will be available to you, each with different benefits and costs and each requiring different approaches. Your aim is to consider what is best for the organisation on the particular facts. The following brief pointers should help you in reaching a decision…

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