Category: Compliance

Employee termination is usually not an enjoyable experience, but covering all of your bases can make the process easier. Avoid future compliance pitfalls with our Employee Termination Checklist listed below.

If you want your own copy, feel free to download the document here.

Type of Termination

Voluntary

• Received employee’s resignation letter. (If verbal resignation, provided employee with a written confirmation of resignation).
• Exit interview scheduled.
• Exit interview completed.

Involuntary

• Provided employee with termination letter.
• Provided employee with severance agreement if applicable.
• Received signed severance agreement.
• Provided employee with WARN notice (if applicable).

Benefits

• Provided employee with termination/continuation of employment insurance benefits information (COBRA, life insurance, supplemental insurance, etc.)
• Checked medical FSA/HSA participation and informed employee of remaining funds and reimbursement deadlines, if applicable.
• Checked dependent care FSA participation and informed employee of remaining funds and reimbursement deadlines, if applicable.
• Checked PTO balance and informed employee of any remaining PTO and how it will be processed at termination of employment. (Employer’s PTO policy should give information about circumstances for pay out upon termination, if applicable.)
• Informed employee about retirement plan account options, if applicable.
• Notify employee benefits broker and/or retirement plan administrator of employee’s termination.

Compensation

• Provided notice of policy regarding any outstanding balances for money owed to company (educational loans, for example).
• Notified payroll department to process final paycheck.
• Informed payroll of any unused but earned PTO amounts due to the employee, if applicable.
• Notified payroll to process severance pay and whether lump sum or salary continuation (if applicable).

Contracts/Legal

• Provided written notice to employee of any legal obligations that continue post-employment (e.g., noncompete/confidentiality agreements/employment contracts).

Records

• Pulled personnel file to be stored with terminated employee files.
• Pulled Form I-9 to be stored with terminated employees’ I-9s.

Information Technology

• Disabled e-mail account.
• Removed employee’s name from e-mail group distribution lists; internal/office phone list; website and building directories.
• Disabled computer access.
• Disabled phone extension.
• Disabled voicemail.

Facilities/Office Manager

• Disabled security codes, if necessary.
• Changed office mailbox.
• Cleaned work area and removed personal belongings.

Collected the following items, if applicable:

• Keys (☐ office ☐ building ☐ desk ☐ file cabinets ☐ other)
• ID card
• Building access card
• Business cards
• Nameplate
• Name badge
• Company cell phone
• Laptop
• Uniforms
• Tools
• Other

If you want help throughout the employee termination process, reach out to us! At Triple Track HR, we have over 85 years of collected human resource experience and have helped many clients in the Western New York area navigate employee terminations.

AI is everywhere nowadays. It’s a powerful tool that makes difficult tasks seem easy. However, employers should exercise caution when considering the extensive use of AI in their human resources (HR) functions. Although AI can help assist you, it cannot replace a trained human resources expert. Many business owners fall into traps due to several significant concerns:

Bias and Fairness

Artificial Intelligence systems can inherit biases from training data, potentially leading to discriminatory HR decisions, legal issues, and ethical concerns. This can make your business vulnerable during an audit.

Lack of Human Judgment

HR often requires nuanced decision-making and empathy, areas where AI falls short. Professionals excel in workplaces involving employee counseling, conflict resolution, and personal development. Employees appreciate feeling cared for. You need to put the human in human resources. 

Candidate Experience

Overreliance on AI can create a cold and impersonal recruitment process, discouraging top talent from engaging with the organization. People still seek intentionality and personal connection.

Privacy

Artificial Intelligence systems handle vast amounts of personal data, necessitating responsible data management to comply with privacy regulations and avoid legal repercussions.

Technical Errors

AI can make mistakes or misinterpret information, potentially leading to costly errors in payroll, benefits, and compliance. Having an HR professional can review these details and make necessary corrections.

Employee Resistance

Some employees may fear job displacement due to AI implementation, necessitating careful change management.

Retention and Engagement

Human interactions, mentorship, and career development, crucial for retention and engagement, are challenging for AI to replicate. With an outsourced human resources partner, your employees can be encouraged to reach their full potential. They are also more likely to express their needs and concerns.

Ethical Dilemmas

Employers must address ethical concerns in areas such as employee monitoring and psychological assessments.

In conclusion, while AI can enhance HR processes, a balanced approach that combines AI’s strengths with human judgment and ethical considerations is essential for effective and responsible HR management. Reach out to Triple Track HR to get reliable, professional guidance for your business’s human resource needs.

There isn’t an exhaustive list of questions employers should avoid asking, but employers need to be careful that any questions asked cannot be interpreted as discriminatory.

To help avoid discrimination claims, information requested from the applicant should be directly related to the position for which he or she is interviewing. Acceptable topics include previous work experience, education and skills that are necessary for the position.

The following are some suggested subjects to generally avoid in an interview:

• • Asking questions that, if the applicant responded, would reveal whether he or she belongs to a protected group, or how he or she feels about a controversial issue.
    

• • Inquiries about an applicant’s marital status, the existence of (or probability of having) children or his or her age. Considering age in hiring decisions may violate the Age Discrimination in Employment Act, unless age is a legitimate qualification for the position.
    

• • Questions about an applicant’s criminal history. Basing a hiring decision on criminal history may violate Title VII of the Civil Rights Act. Also, several states, including New York, limit how and when an employer may use arrest and conviction records to make employment decisions.
    

• • Inquiries concerning child care arrangements, mode of transportation or home ownership.
    

• • Rather than asking applicants if they have a car, it is generally better to ask  if an applicant has reliable transportation to report to work.
    

• • Questions about citizenship or national origin. However, employers can inquire about an applicant’s ability to show authorization to work in the United States, if hired.
    

• • Any questions related to medical conditions or medical history. However, if you know an applicant has a disability (because it is evident or the applicant has volunteered that information) it may be reasonable to question whether the disability might pose difficulties for the individual in performing essential job functions. If so, the employer may begin a dialogue with the applicant to determine whether he or she would need reasonable accommodations in order to perform any tasks and what the accommodation(s) may be.
    

Some of these questions are permitted after a job offer is made, but should only be asked if there is a business necessity. When in doubt, it’s better to err on the side of caution than to ask a problematic question and risk a discrimination claim. Train anyone who will be interviewing candidates, and create standard interview templates to avoid accidentally asking discriminatory questions. 

Source: Zywave, 2020.

For more hints on interview do’s and don’ts contact us today.