K. Advantages of an Independent Review

Never underestimate the advantages of discussing the decision to fire with a trusted advisor before taking action. A procedure for independent review of all termination decisions can be an important step in reducing the risks associated with employee terminations.

An effective independent reviewer must be well-versed both in the legal principles that govern employee terminations and in the company's personnel policies and practices. Equally important, the reviewer must have actual authority to reject proposed terminations if they do not meet legal requirements or company standards.

TIP: The independent reviewer should consider all of the strategies previously mentioned in this chapter and should inquire into the following:

• Would the payment of a small amount of severance (e.g., two
• weeks in lieu of notice, or one week per year of em- ployment) reduce animosity
• and the chances of a lawsuit?
• Are there any mitigating factors that may excuse or explain
• the employee's poor performance or misconduct?
• How long has the employee worked for the company?
• What kind of overall record does the employee have?
• Is termination appropriate considering all of the circumstances? Does the punishment fit the crime?
• Has the company followed a consistent policy of terminating workers with similar infractions?
• Is the threat of legal repercussions in a given instance greater than with other terminations in the past?
• Is the company retaliating against the employee because of
• a refusal to commit illegal or unethical acts (e.g., falsifying records, for
• serving on extended jury duty or in the military, or for obeying a supoena),
• rather than for a bona reason, disciplinary problem, or poor performance?

Choosing a qualified person within the company to evaluate independently the decision to fire, may protect your company from committing illegal discrimination toward employees.