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Do’s and Don’ts: Offboarding an Employee

The process of offboarding an employee needs to be taken on carefully. This quick guide aims at providing clients (you) with clarity on the main Do’s and Don’ts, as to ensure fully compliant offboarding processes. 

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Do’s and Don’ts: Offboarding an Employee

Do’s and Don’ts: Offboarding an Employee

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BST

LinkedIn Live

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There are two types of offboardings:

  • Voluntary termination (i.e. employee resigns)
  • Involuntary termination (i.e. employment is terminated by the employer) 

In both cases, our aim is to guide you through the appropriate process and ensure: 

  • Compliance with local jurisdiction
  • Transparency and clarity 
  • Fairness 


Before the termination

DO’S

  • DO inform Omnipresent as soon as you decide you wish to terminate someone or if the employee informs you that they wish to resign. 
  • DO expect Omnipresent to be an active part of the process Omnipresent must ensure that offboarding is done compliantly.
  • DO keep a Record (Documentation): if you don’t have a record of something happening, it’s easier to argue that it didn’t happen. Documentation will be the key if we ever have to defend the decision to terminate an employee before Court. 
  • DO make a list of all company belongings that should be returned upon termination, such as laptop, monitor, printer, etc.
  • DO secure or back up any computer files, records, or company information the employee may misuse in case they take the news badly. 
  • DO inform Omnipresent if you suspect that an involuntary  termination may trigger a lawsuit.
  • DO expect that a terminated employee will ask to review the grounds of the termination, and any termination package offered, with their legal counsel.

DON’TS

  • DON’T take any action towards the employee you wish to terminate before having consulted with Omnipresent. Omnipresent as the legal employer must ensure that the offboarding process is done compliantly.
  • DON’T have  a meeting with the employee to discuss termination before notifying Omnipresent, avoid emails, texts, and messages that may trigger the employee to suspect about the termination.
  • DON’T think that the employment rules you are familiar with apply everywhere. Unfortunately, each jurisdiction in which we operate has its specificity, especially when it comes to termination. It is our job at Omnipresent to guide you through the right steps to take, compliantly according to each jurisdiction. 


During the termination 

DO’S

  • DO expect that local laws may require a period of performance management before termination can be actioned. Omnipresent may need to be part of this process to check it is compliant, and issue the formal written documents.
  • DO consider that you may not be terminating the employee directly, but rather this task will be on Omnipresent per local laws. 

If Omnipresent confirms that you can take on the termination meeting: 

  • DO be straightforward with the person during the meeting.
  • DO be prepared to answer any questions the employee might have about termination.

Typical questions include:

  1. When will I receive my last payment?
  2. Will the company extend a recommendation letter.
  3. Am I eligible for unemployment insurance?
  4. Can I continue my health insurance?
  • DO pay attention to claims about discrimination. If the employee talks about discrimination at work, inform Omnipresent immediately.  


DON’TS

  • DON’T create two lines of communication with the employee: if Omnipresent determines to be in charge of the offboarding process per local laws, please refer the employee to Omnipresent for any questions/requests. 
  • DON’T underestimate the potential impacts of your actions / what you tell the employee: in many jurisdictions, employees are used to recording conversations with employers. Always ask Omnipresent what the right steps are for a termination according to the applicable laws.  

If Omnipresent confirms that you can take on the termination meeting: 

  • DON’T make the conversation longer than it needs to be. Keep it as short as possible. This is not the time to engage in detailed discussions of performance issues or who’s to blame. 
  • DON’T argue with an employee to justify a termination decision. Remember that the way you treat the employee could be the determining factor in whether they decide to file a lawsuit, whether or not it has merit.
  • DON’T let the employee push you into losing your temper or getting too emotional.


After the termination

DO’S

  • DO lookout for Omnipresent’s confirmation of final payroll & return remaining deposit funds, if any.
  • DO change security passwords, computer access logins and codes if necessary.
  • DO take the employee's name out of directories and or website material.
  • DO consider providing a reference letter when possible. This will greatly assist the employee in their search for new employment.
  • DO inform Omnipresent if you receive any kind of notification, letter or additional request from the employee.

DON’TS

  • DON’T talk about the termination with other employees. If employees ask questions, please inform them the individual is no longer employed with you.

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