Few workplace experiences are more unsettling than being called into a termination meeting. Most employees arrive stressed out, without knowing what to expect, what their rights are, or what boundaries HR must follow. Once it’s over, they often leave that meeting with doubts regarding whether the termination was handled properly or if something inappropriate happened.
Understanding your employee rights in an HR meeting concerning your employment termination may assist you in remaining calm while working to maintain your work relationships from a career or professional standpoint and assess your situation. Although the human resources department represents employers, there are usually applicable laws and standards in the workplace that must be adhered to during the termination meeting.
Does a Meeting With HR Mean You’re Getting Fired?
Not always. There are several reasons why an employee may be called to speak with human resources. Many employees relate their experience of a surprise staff meeting to the potential for disciplinary action or termination, which can lead to an employee feeling anxious.
HR may schedule meetings to discuss:
- Workplace complaints
- Performance concerns
- Policy violations
- Accommodations or leave requests
- Investigations
- Benefits or payroll issues
- Organizational changes
When an employee is asked to attend an unexpected meeting with HR and management at or toward the end of the day, there is a possibility of a termination. It is understandable that employees would search “does a meeting with HR mean you are going to be fired” when they receive an unexpected meeting request from human resources. It is important not to panic or speculate before hearing the purpose of the meeting directly.
Does HR Need to be Present at a Termination Meeting?
There may not be any specific law that states HR must attend the termination meeting. Some employers choose to have an HR representative present so that the employer has a witness and so that the employee’s termination is handled in accordance with the company’s termination procedures.
HR may help:
- Explain benefits or severance information
- Collect company property
- Document the meeting
- Answer questions about final pay or benefits
- Reduce the risk of conflict during the meeting
Certain organizations may permit a direct supervisor to handle terminations independently. In most cases, however, HR has a much larger impact on the process overall.
What HR Can Do
HR Can Use Security Escorts During a Termination
Many companies view using security escorts as a secure or appropriate method of handling a termination, even though it can create a very uncomfortable and humiliating experience for an employee. When an employee is terminated with a security escort, they may have their workspace abruptly interrupted as security personnel escort them out of the building. Often, the terminated employee is not allowed to return to their workspace to collect personal items, they may have personal items boxed up by the company and shipped to them at a later date.
HR Can Restrict Access to Company Systems and Devices
Prior to informing an employee of their termination, the majority of companies will void their email, servers, database/other internal system access. In addition, many companies will have their IT or HR departments collect any company-owned devices immediately after the employee’s termination. Devices may contain personal data such as photos, messages, contacts, that the employee has accumulated over their time working at the company. Depending on the circumstances, some employers will agree to return to an employee any personal files, however, other employers will refuse to do so.
HR Can Limit or Decline Recommendation Requests
Though your separation from employment may have been unrelated to performance issues, employers typically don’t have any obligation to provide a positive recommendation. The majority of businesses now opt to offer only a neutral reference indicating the length of employment and job title. Larger corporations often will turn to third party verification services and establish policies regarding how much managers are allowed to disclose about former employees in order to minimize their potential liability in relation to the references they provide. Although this situation can be quite disheartening, it’s a common practice among most industries.
What HR Cannot Do
There are also important limits regarding what HR can legally do during a termination meeting.
HR Cannot Discriminate Against Employees
An employee cannot be fired because of race, gender, religion, disability, pregnancy, age, sexual orientation, or national origin. Even with an “at will” employment situation, the reason an employee is terminated must not be based on discrimination against the employee or due to a protected category.
HR Cannot Retaliate Against Employees Illegally
Employers can not fire employees for reporting discrimination, sexual harassment, wage violations, workplace safety violations or other protected activity that is protected by law. If an employee has participated in an investigation into the company, an employee can also file a retaliation claim if their terminated employment is a result of the employees actions during the investigation or because of their protected status under applicable law.
HR Cannot Force Immediate Signatures in Every Situation
Severance agreements put immense pressure on you to sign right away. However, there are several severance agreements that allow you time to review them. Under specific circumstances, federal law requires a review period before waivers become enforceable. When you receive documents to sign, you should always review those documents carefully. You may also wish to consult with an attorney if you have questions regarding any of the documents you received.
HR Cannot Withhold Legally Owed Wages
All final paychecks and payments for earned compensation must comply with applicable wage laws and company policy. This includes any unpaid wages or earned commissions based on the terms of the company’s policy or employee agreement and accrued benefits owed based on these same agreements at time of termination.
HR Cannot Prevent Lawful Reporting or Legal Consultation
Employees’ conversations with their attorneys, complaints to government agencies, and assertions of their legal rights cannot typically be restricted by an employer. Even though an employee has been terminated, they may still report discrimination, retaliation, wage violations, or other issues related to their employment.
What Not to Say in an HR Termination Meeting
Termination meetings can be emotional, but it is important to stay professional in these matters.
Employees should avoid:
- Making threats or using aggressive language
- Admitting guilt
- Signing documents without reading and understanding them first
- Arguing excessively
- Posting on social media immediately
- Volunteering unnecessary personal information
- Using emotional language to accuse someone of something without substantiating those accusations with actual evidence.
As a terminated employee, whatever happens during your termination meeting, make sure to remain calm and collected despite any feelings of injustice or sadness. If presented with paperwork at your termination meeting that you are being asked to sign, it is acceptable to request time to review the document before signing it.
Your Rights as a NJ Employee
There are numerous workplace protections applicable to New Jersey employees up until they are let go from their job and afterward. Depending on the specific situation, employees may have legal rights associated with:
- Discrimination claims
- Retaliation claims
- Wrongful termination
- Severance agreements
- Final compensation
- Workplace accommodations
- Protected leave rights
Documenting a termination meeting can be of great value if any part of the termination seems inappropriate. To create a record of the termination meeting, you should include who attended the meeting, the things discussed at the meeting, any evidence provided or received.
Attending the termination meeting should also take place in a calm and professional manner. Emotional outbursts can cause future disputes and investigations to be more difficult. Employees who wonder whether the termination is unlawful may wish to find out what constitutes wrongful termination in New Jersey.
When to Contact an Employment Attorney After Termination
While not all terminations are unlawful, there are circumstances that may require investigation by a lawyer. If you suspect you were discriminated against when your employer terminated you, were terminated shortly after reporting an employer’s misconduct, suffered retaliation from your employer because you filed an employment claim, or were forced to agree to something before exiting, you should discuss your situation with an attorney.
An employment lawyer will be able to evaluate your case, go through your available options, and help determine if legal action can be taken against your employer.
For more information regarding your post-termination rights, contact the Hamilton Law Firm for assistance from an experienced New Jersey employment attorney.