Properly terminating at-will employees requires more than just following your gut—it demands strategic documentation, legal compliance, and clear communication. In this episode of the Hiring & Empowering Solutions podcast, Karly Wannos, Managing Partner of The Wannos Law Firm, PA, joins host Molly McGrath to offer critical guidance for employers navigating terminations and HR procedures.
Quote of the Show
“Documentation is so important and that’s because in employment cases, it’s a lot of he said, she said.” — Karly Wannos, 8:12
Understanding “At Will” Employment
A significant number of states follow an “at will” employment model. This means employers can terminate employees at any time, for any reason—or no reason at all—so long as it doesn’t violate federal or state employment laws. However, terminating employees at will still requires caution, especially when it comes to retaliation or discrimination claims.
Retaliation Risks and the Importance of Documentation
Even in an at-will setting, certain employer actions—such as failing to promote or reducing an employee’s pay—can trigger retaliation claims. These scenarios reinforce the importance of maintaining detailed documentation. Employment cases often come down to conflicting narratives. Avoid “he said, she said” disputes by recording performance issues, disciplinary actions, and communication with clarity and consistency.
Best Practices When Terminating At-Will Employees
Clear policies and consistent procedures are key. Employers should:
-
Require employees to call or email when reporting sick days—text messages lack the formality and record needed.
-
Consider rejection letters carefully. While not legally required, these should never imply discriminatory motives.
-
Provide reasonable accommodations for qualified individuals with disabilities.
-
Communicate expectations upfront—clearly outline working hours and job duties during the hiring process.
Terminating At-Will Employees: Legal Guidance in Action
Karly Wannos also emphasises that while terminations may be legally permissible under at-will laws, they must be handled with care. Missteps—even unintentional ones—can expose your business to legal scrutiny. Following documented policies, applying them consistently, and making non-discriminatory decisions are the foundation for avoiding costly litigation.
Tune in to Learn More:
Catch the full conversation on your favourite platform:
-
Amazon Music
-
Apple Podcasts
-
Spotify
-
Google Podcasts
-
Stitcher
-
YouTube
Looking for More HR Best Practices?
Visit fire.h50.us/~hrgnmpwr/dev2/ for free HR resources, workplace strategy tips, and leadership tools. Dive deeper into the topic of terminating at-will employees on our blogs, and tune in to our weekly Hiring & Empowering Solutions podcasts.
Written by Molly Hall McGrath