Litigation

EXIT INTERVIEWS: IS YOUR EXIT SIGN RED, YELLOW OR GREEN? Part 2
 
Published Tuesday, December 21, 2004 2:00 pm

by Michael S. Kridel, CPA*/CITP



This article is the conclusion to Part 1, published a couple of months ago, in which I left you figuratively crossing the street at a green light – the point of which is to conduct a successful exit interview which does not leave you as a potential defendant in an employment practices lawsuit.
 
You may recall that the previous article discussed the concepts of systems and procedures, communication and personal support as they apply to the exit interview process and I promised to present the exit interview as would a journalist:  What, Why, Who, When, Where and How.  Because the best truths are the simplest truths, we will keep this discussion very simple.
 
What – This is an interview, albeit a shorter one.  It is similar to a hiring interview but the objective is reversed:  we want to find a way to successfully move someone from the inside to the outside.  That means having clear objectives and a process for doing so.
 
Why – This is one of the most telling, and dangerous, parts of the interview.  And it is the single most fickle red light you can encounter.  What is the reason for the exit?  It is so much easier if it was initiated by the employee.  You’re mostly off the hook.  But if the interview is the result of an involuntary termination, the game changes as to approach, but not message.  The individual who is assigned to conduct the interview must be prepared to share the real reason for termination with the employee.  Failure to do so, with the thought that you may have to repeat your reason under oath in a courtroom, could lead to significant financial exposure.  The truth does not have to be mean-spirited; rather, it is merely a recitation of the reasons that should already have been documented in the employee’s personnel file.  Proper documentation is beyond the scope of this article; nevertheless, courts have ruled that the failure to provide the real reason for termination or making statements that are inconsistent with that reason can be discriminatory.
 
Who – No one, absent some kind of personal issue, enjoys conducting an exit interview.  As I wrote in Part 1, the exit interview should be conducted by one manager with another present as a witness.  The second person can be another manager, someone from Human Resources or any other person who is completely neutral and impartial.  The purpose is not double-teaming; rather, it is designed to provide a strong defense for the employer should something go wrong during the interview.
 
When – This is a subject that causes endless and, ultimately, irresolvable debate.    Terminations traditionally used to occur on Friday afternoons or whenever the employer’s week naturally ended.  As management evolved, from the scientific to values-driven models, and the personnel department became human resources, Friday firings fell out of favor.  Too many studies highlighted the inordinate powerlessness felt by discharged employees who could do nothing to productively address their new, and often unexpected, unemployment until Monday.  This employment and emotional purgatory can add an incredible amount of stress for the employee.  As a result, many employers now conduct exit interviews in the early morning, particularly on Monday.  This provides the discharged individual an opportunity to take immediate action to improve his/her circumstances without having to wait hours or days to do so.  And that stress was not limited to the former employee.  Often, the firing manager was forced to deal with stress in the days leading up to the discharge and exit interview.
 
Where – Think “green zone” or demilitarized zone (DMZ).  And think close to the door, too.  The surroundings should be a comfortable and non-territorial as possible.  It is to everyone’s advantage if the employee does not have to walk long distances to leave the premises as this can lead to embarrassment and disruption.
 
How – This is an opportunity to complete the training process that commenced during the hiring interview.  The meeting should be short, to the point and candid.  All paperwork should be ready and reviewed prior to the interview.  This is not the time for counseling or coaching as that should have been done long before termination.  The interviewer should stay focused on the facts before him or her, with the goal of completing the entire interview in 15-30 minutes, erring on the side of brevity.
 
This, then, is the internal wiring of the green exit light.  You’ll know it when you see it.

Click here to download this article in pdf format.

This article in intended for informational purposes only and should not be construed as legal advice.
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Michael S. Kridel, CPA*/CITP is a Partner with Daszkal Bolton LLP and is in charge of the firm’s Litigation, Human Resources and Information Technology Departments.  He can be contacted at 561.367.1040 or via email at mkridel@daszkalbolton.com.
 
*Regulated by the State of Florida


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