Workplace Safety and the Offboarding Process: Strategies for Managing Employment Terminations

00:00

24:53

After the employment termination, employers may wish to continue monitoring for potential workplace safety threats and have strategic communication and crisis-response plans in place to address them.

Quick Hits

• A pre-termination risk assessment and a carefully planned employment termination meeting can protect the safety and dignity of everyone involved.
• Prompt revocation of a departing employee’s system and building access, along with a coordinated return of company property, can help prevent security vulnerabilities.
• Thoughtful communication of potential threats, thorough documentation of the offboarding process, and the use of threat-assessment teams or protective measures play a critical role in addressing risk in high-threat employment terminations.

Conducting a Pre-Termination Risk Assessment

Before initiating any employment termination meeting, employers may want to conduct a thorough risk assessment. This means reviewing the employee’s personnel file, disciplinary history, and any prior complaints or incidents involving threats, intimidation, or volatile behavior. Human resources, legal counsel, and, where appropriate, security professionals would all collaborate to evaluate whether the termination event presents an elevated safety risk. Factors such as the employee’s known temperament, access to sensitive areas or systems, history of grievances, and any prior references to workplace violence or retaliation would all be considered as part of this evaluative process. This advance planning allows an organization to tailor the offboarding process to the individual’s specific risk profile and put appropriate safeguards in place before the termination conversation even begins.

Planning the Termination Meeting

The employment termination meeting itself should ideally be conducted in a way that minimizes the potential for confrontation. First, consider selecting a private, neutral location for the meeting, such as one near an exit and away from the general workforce. Second, schedule the meeting at a time when the employee can leave the premises with minimal audience, such as late in the day or at the end of a shift. Third, at least two company representatives should be present, typically a manager and a human resources professional. In higher-risk situations, consider having security personnel nearby but not visibly present in the room, as an overt security presence can unnecessarily escalate tensions. If an organization does not have security personnel, local police can be alerted to the potential for a safety event and often will agree to keep a squad car in the vicinity. Finally, consider scripting the conversation to be brief, professional, and compassionate. The decision should be clearly communicated, and relevant documentation, such as a termination-of-employment letter, can be provided at this time (perhaps with a follow-up email or mail transmittal). Company representatives will want to avoid engaging in debates about the merits of the employment termination, as this may lead to an escalation of the conversation.

Access Revocation

One of the critical steps in the offboarding process is the prompt revocation of the discharged employee’s access to company systems, facilities, and information. This should be coordinated in advance with IT personnel so it can be executed simultaneously with, or immediately following, the employment termination meeting. Access badges, key cards, building keys, and parking credentials should be collected during the meeting if possible. IT will coordinate disabling the employee’s login credentials, email accounts, remote access capabilities, and access to cloud-based platforms. IT can typically also disable key cards and/or access badges remotely if the employee does not have those items available to hand in at the time of the meeting. If the employee had access to proprietary or confidential information, IT will likely conduct a forensic review to determine whether any data has been improperly downloaded or transferred. The speed and thoroughness of these steps are essential, as delays in revoking access can create unnecessary vulnerabilities. These unwanted delays may also complicate potential breach-of-confidentiality claims or an entity’s enforcement of related restrictive covenants, should it later decide to pursue such claims.

Managing the Return of Physical Company Property

It is standard practice for employers to have clear, consistent processes for retrieving company property from discharged employees. This property includes laptops, mobile devices, identification badges, uniforms, tools, car keys, and any other company-issued items. Using the pre-termination risk assessment as a guide, employers may want to arrange for the return of property during the employment termination meeting itself. If the employee needs to retrieve personal belongings from a workspace or locker room, it is recommended that a manager or security representative accompany the employee. From a safety perspective, it is not advisable for a discharged employee to have unattended access to the premises. In situations involving a higher safety risk, it is likely preferable to pack and ship the employee’s personal items rather than allow the employee to return to the workspace. Similarly, the entity will need to make shipping or drop-off arrangements for any company property that a discharged employee has at home or off-site.

Communicating Potential Threats to the Workforce

One of the more challenging aspects of a high-risk employment termination is deciding what, when, and how to communicate with the remaining workforce. Employers will need to strike a delicate balance between transparency and discretion. On the one hand, employees have a legitimate need to know about potential safety threats and can be part of safety solutions if properly informed of a situation (e.g., not holding a secure door open for a recently discharged employee). On the other hand, employers may wish to avoid escalating a situation or causing unnecessary alarm.

When a credible threat has been identified, whether through statements by the discharged employee, behavioral warning signs, or information from law enforcement, the organization will want to promptly notify relevant personnel. The scope of the communication should be guided by the nature and specificity of the threat. For example, a general, nonspecific concern may warrant a reminder to all staff about existing security protocols, such as reporting unfamiliar visitors, keeping exterior doors locked, and knowing the location of emergency exits. A more specific or imminent threat may require direct notification to targeted individuals, coordination with law enforcement, and heightened physical security measures.

Communications should be factual, measured, and focused on what employees need to do to be aware and stay safe. For example, a company-wide communication might state that a former employee is no longer authorized to be on the premises and that any sightings should be reported immediately to security. Ideally, front desk staff, receptionists, and building security will be provided with the individual’s name and photograph so they can identify and intercept any unauthorized attempts to enter the premises.

Perhaps most important is reminding employees of their ability and permission to call 911 in emergency situations. Often, employees feel they need to ask for permission to call emergency services while at work, or that only managers are allowed to do so. Critical response time can be lost if employees do not understand their role in contacting emergency services (and their right to do so) in the event of an imminent threat.

Leveraging Threat-Assessment Teams

Larger organizations may want to consider establishing or consulting a threat-assessment team. These multidisciplinary teams, typically composed of representatives from human resources, legal, security, and law enforcement, as well as mental health professionals, are trained to evaluate the likelihood and severity of potential workplace violence. A threat-assessment team can help determine whether a discharged employee poses a genuine danger and can recommend specific, proportionate responses. For smaller organizations that lack the resources to maintain an internal team, outside consultants and local law enforcement agencies often provide threat-assessment services.

Utilizing Protective Measures When Warranted

In cases where a discharged employee has made explicit threats or has a documented history of violent behavior, employers are encouraged to promptly pursue protective measures. Depending on the jurisdiction, this may include seeking a restraining order on behalf of the company and its employees. Employers may also consider coordinating with local law enforcement to ensure that law enforcement is aware of situations and can respond swiftly if needed. Physical security enhancements, such as increased security patrols, temporary surveillance measures, or modifications to building access points, may also be appropriate on a case-by-case basis.

Relatedly, employers might consider proactively collaborating with local law enforcement so that, if there is a workplace safety event (whether a fire, inclement weather, or a threat of violence), first responders are familiar with the entity’s physical premises, emergency contacts, and leadership personnel. Local law enforcement teams will likely be able to respond more quickly and effectively if these relationships are already in place.

Documenting Everything

Throughout the employment termination/offboarding process, meticulous documentation is important. It is best practice for employers to record the details of the employment termination meeting, including what was said and how the employee responded. Employers may also consider documenting the revocation of physical and electronic access, the return of company property, and any post-termination communications with the former employee. If a threat assessment was conducted, it is recommended that employers preserve the analysis and conclusions. If communications were made to the workforce about a potential threat, employers are encouraged to keep copies of those communications. This documentation serves multiple purposes: it demonstrates that the employer acted reasonably and in good faith, it supports any future legal proceedings, and it provides a factual record that can be referenced if the situation evolves.

Providing Workforce Support

An employment termination, particularly a high-profile or contentious one, can be unsettling for the employees who remain in the workforce. Employers should be prepared to address concerns and provide support. This may include reminding employees of available employee assistance program (EAP) resources, holding a brief team meeting to address questions without divulging confidential details about the employee and the specifics of the employment termination, and reinforcing the organization’s commitment to a safe workplace. Encouraging employees to report any concerning contacts or communications from the former employee, without fostering a climate of fear, is also an important part of the post-termination safety strategy.

Key Takeaways

Offboarding a discharged employee is far more than an administrative exercise. When approached with careful planning, clear communication, and a commitment to safety, the process protects the organization, its people, and even the departing employee. By conducting pre-termination risk assessments, promptly revoking access, communicating threats responsibly, and documenting each step, employers can navigate this difficult terrain with confidence and professionalism.

Ogletree Deakins’ Workplace Violence Prevention Practice Group will continue to monitor developments affecting workplace safety and will provide updates on the Employment Law, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.

Follow and Subscribe
LinkedIn | Instagram | Webinars | Podcasts