SBCHR Consulting

Termination Support

Minimize legal risk and ensure compliant, dignified separations with expert termination guidance

Handle Separations the Right Way

Terminations are among the highest-risk moments in the employer-employee relationship. A poorly handled separation can result in wrongful termination lawsuits, unemployment claims disputes, and lasting damage to your employer brand. Our termination support services ensure every separation is legally compliant, well-documented, and conducted with professionalism.

We provide pre-termination risk assessments that evaluate the legal exposure of each situation—reviewing documentation, performance history, protected class considerations, and potential retaliation claims before you make the final decision. For reductions in force (RIFs) and layoffs, we manage the entire process including WARN Act compliance, adverse impact analysis, severance package design, and communication planning.

Our team also handles the human side of separations—exit interview facilitation, outplacement assistance referrals, benefits continuation guidance (COBRA), and final pay compliance across all applicable state laws. We make sure your departing employees are treated with dignity while your organization is fully protected.

What We Offer

  • Pre-termination risk assessment
  • Wrongful termination prevention
  • Severance package design and negotiation
  • RIF and layoff management
  • WARN Act compliance
  • Exit interview facilitation
  • Outplacement assistance coordination
  • Final pay and COBRA compliance

Common Termination Challenges

Poorly handled terminations expose organizations to lawsuits, damage morale, and create lasting reputational harm.

1

Wrongful Termination Claims

Insufficient documentation, inconsistent enforcement, or procedural gaps that give terminated employees grounds for costly legal action.

2

WARN Act Violations

Failing to provide required 60-day notice for mass layoffs or plant closings, resulting in penalties equal to 60 days of back pay per affected employee.

3

Severance Package Disputes

Offering severance agreements that are too generous, legally unenforceable, or fail to include proper release language and non-disparagement clauses.

4

Manager Mishandling

Untrained managers who deliver terminations poorly — saying too much, making promises, or creating hostile situations that escalate to complaints.

5

Retaliation Allegations

Terminations that follow protected activities like complaints, FMLA leave, or workers' comp claims, creating the appearance of retaliation even when performance-based.

6

Morale & Productivity Impact

Remaining employees who witness poorly handled terminations becoming disengaged, anxious, and less productive — the so-called 'survivor syndrome.'

Our Termination Support Process

A legally sound, compassionate approach that protects your organization while treating departing employees with dignity.

1

Risk Assessment

We review the termination rationale, documentation trail, protected class status, and recent activity to identify and mitigate legal risks before action.

2

Documentation & Compliance

We ensure proper documentation including performance records, policy violations, and progressive discipline steps that create a defensible termination file.

3

Severance & Release Design

We craft severance packages with enforceable release agreements, ADEA compliance for 40+ employees, consideration periods, and non-compete provisions.

4

Execution & Transition

We coach managers on termination delivery, coordinate IT access removal, manage COBRA notifications, and provide outplacement referrals for departing employees.

Termination Support Success Story

The Challenge

A mid-size manufacturing company needed to conduct a reduction in force affecting 85 employees across three facilities. They had no RIF experience, inconsistent documentation practices, and several employees on FMLA and workers' comp leave.

Our Solution

We conducted adverse impact analysis across all protected classes, ensured WARN Act compliance with proper notifications, designed tiered severance packages with enforceable releases, trained managers on compassionate delivery, and coordinated outplacement services for all affected employees.

The Result

Zero wrongful termination claims were filed. 94% of affected employees signed severance agreements. The adverse impact analysis confirmed no disparate impact on any protected group. Remaining employee engagement scores remained stable, and the company saved an estimated $2.1M in potential litigation costs.

Need Expert Termination Support?

Protect your organization from wrongful termination claims with our legally sound, compassionate approach to workforce transitions.

Schedule a Consultation

Frequently Asked Questions