HR Hotline: What Is Required When Terminating an Employee?

Q: We recently made the decision to terminate one of our employees. They frequently call out at the last minute and are chronically absent, leaving us without coverage. Is there anything that we’re legally required to do as part of the termination process? 

A: Yes, there are several things to be aware of. 

First, you must provide the employee with an unemployment notice—often called a pink slip—and an information packet.  

These documents are required regardless of the reason for separation.  

The pink slip allows you to provide basic information about the worker’s employment, such as their dates of employment, their year-to-date earnings, and the reason for separation.  

You’ll provide these documents directly to your employee, either in person or by mail; you need not submit this to the state of Connecticut.  

These forms will facilitate the employee’s claim for unemployment benefits.  

By providing the forms, you are not conceding their entitlement to benefits; you’ll have an opportunity to contest any unemployment claims after filing. 

Pay Out, Documentation

Second, Connecticut law requires that you pay the terminated employee’s wages in full by the next business day.  

This may mean that you’ll need to cut a special check separate from your usual payroll.  

You can avoid this by terminating employment on the day before your usual payday.  

Note that when an employee resigns or is laid off (as opposed to being terminated), an employer may provide final wages as part of the regular payroll and may wait until the next regular payday. 

Keep in mind that termination letters are not required and are not always a good idea. 

Third, if you document the discharge—with a termination letter, for example—you must “immediately” provide that documentation when you fire the employee.  

Keep in mind that termination letters are not required and are not always a good idea. This is something to discuss with an employment lawyer. 

You may need to provide other information as well, depending on the circumstances.  

For example, if your employee is on your company’s group health plan, you may have COBRA responsibilities.  

If the employee has accrued unused PTO and your policies provide for that to be paid upon termination, you should make that payment with the last paycheck.  

Legal Considerations

Finally, before you make the termination decision, carefully consider whether there might be a legal impediment to that determination.  

For example, you noted that your employee is chronically absent.

Might that be because they a medical condition and would qualify for paid sick leave or family and medical leave? If so, termination may not be appropriate.  

Carefully consider whether there might be a legal impediment to that determination.  

This last issue can be nuanced and complex.  

Alhough at-will employment allows the employer and the employee to terminate the relationship at any time, employers must nevertheless carefully avoid decisions that are discriminatory or retaliatory—such as those that prevent employees from using legally protected sick leave. 

We’ll be discussing these issues in detail during CBIA’s Sept. 18 HR Hotline Live: Employee Terminations. 

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HR problems or issues? Email or call CBIA’s Diane Mokriski at the HR Hotline (860.244.1900). The HR Hotline is a free service for CBIA member companies and is intended to provide general information and does not constitute legal advice. Please consult with legal professionals for specific guidance for your specific situation.