News / Resources

Houston associate Rachel Smith authored an article which appears in the May/June 2009 edition of Well Servicing magazine titled, "Breaking Up is Hard to Do."

According to Smith, "Whether the termination is the result of poor performance or insubordination, or of no fault of the employee but rather the consequence of a reduction-inforce attributable to an economic downturn, the process is not an easy one. Deciding that the employment relationship must end for a given employee, or group of employees, and ultimately notifying them of that decision, is a difficult task and should be carried out after thought has been given to a few key considerations."

Smith goes on to detail those considerations, which include:

• Evaluating the reason for termination
• Communicating the termination decision with respect, dignity and in privacy
• Preventing company assets from walking out the door with departing employees
• Paying final wages within six days of discharge and commission and bonuses as per the terms of any agreement with the employee
• Giving appropriate notice when implementing a reduction in force

Smith concludes: "While terminations are certainly not easy, they are a part of doing business. They should never be taken lightly and should be administered with dignity and respect. Give appropriate notice when necessary and always adhere to any outstanding payment obligations. Always seek the counsel of a legal professional if you have questions or any doubt about the appropriate course of action."