1. Dealing With the Aftermath of a Termination
Loren B. Smith

2. Practical Considerations
Security Measures
Be sure to change all passwords
Collect all City property
Change locks/electronic access
Contact security if necessary

3. Practical Considerations
Notifying other employees
Just a statement that John Smith is no longer employed
Be sure that other employees do not talk to future employers seeking a reference
Instruct employees to refer any possible references to HR
HR should be instructed to verify dates of employment and rates of pay

4. Practical Considerations
Have a witness with you in the termination conference to take notes
Make sure the notes are placed in the employee’s file
When informing the employee why they are being terminated, use facts, not opinions

5. Severance Agreements Involve your City Attorney/counsel
Be sure that any severance agreement includes some compensation in addition to what the employee would already be receiving
Depending on the wording of your personnel policy, the employee will receive payment for unused sick leave, personal leave and vacation pay

6. Practical Considerations
Instruct the employee in the agreement that taxes will be withheld from the total amount of pay under the severance agreement
You can include a confidentiality agreement but it may not be enforceable
Be sure to include language excepting Public Information Act requests
Confidentially agreements have a greater effect if you are making multiple payments to the former employee

7. Open Meetings
In most cases, employment issues can be discussed in executive session
Keep in mind that if the employee chooses to have the discussion in open session, it must be in open session
A severance agreement typically must be approved by the governing body in an open session

8. Unemployment Compensation
Unemployment compensation is available to an employee unless the termination was for misconduct related to the job
The TWC is typically very pro-employee.
There are times when you may not want to contest the award of unemployment compensation

9. Criminal Charges
Occasionally, an employee’s conduct which leads to termination may constitute criminal conduct
Consideration must be given to whether the employer wants to bring this matter to the attention of the District Attorney
This is not a matter for negotiation in the severance agreement