The employee lifecycle ends with termination and offboarding. This process can either be voluntary (i.e., the employee resigns) or involuntary (i.e., employment is terminated by the employer). In both cases, it’s business-critical that you do everything by the book to remain compliant.
If the employee in question is employed through Omnipresent’s Employer of Record (EOR) service, you must inform us as soon as you decide you want to terminate the employment and before taking any further legal steps. The same applies if the employee wants to resign.
In both cases, we’re here to guide you through the appropriate process to ensure:
- Compliance with local laws and regulations.
- Transparency and clarity.
- Fairness for all parties.
Below, we’ve outlined the main do’s and don’ts you should follow before, during, and after the termination of an employee employed through Omnipresent.
Before Termination
Before proceeding with a termination - whether voluntary or involuntary - you must first get in touch with Omnipresent. Here are the do’s and don’ts to take into account.
| Do's |
Don'ts |
| Inform Omnipresent as soon as you decide you want to terminate the employee or if the employee informs you that they wish to resign. |
Don't take any action towards the employee you want to terminate before consulting with Omnipresent. As the legal employer, Omnipresent must ensure that the offboarding process is done compliantly. |
| Expect Omnipresent to be an active part of the process. We're responsible for ensuring that offboarding is done compliantly. |
Don't have a meeting with the employee to discuss termination before notifying Omnipresent. Avoid emails, texts, and messages that may trigger the employee to suspect termination. |
| Keep a comprehensive record of any issues relating to the employee. If you don't have a record of something happening, it's easier to argue that it didn't happen. Documentation would be crucial if we ever need to defend the decision to terminate an employee before a court of law. |
Don't remove work-related access to the employee prior to execution of the termination. This can be contested by the employee in court and can seriously impact the court's decision. |
| Make a list of all company assets that should be returned upon termination, such as the employee's company laptop, monitor, printer, etc. If equipment is supplied through Hofy (our hardware partner), the employee has an obligation to return this or have the cost deducted from their final salary payment. |
Don't think that the employment rules you're familiar with will apply in every country. Each jurisdiction in which we operate has its own laws and regulations, especially when it comes to termination. It's our job at Omnipresent to guide you through the process compliantly. |
| Secure or back up any computer files, records, or company information the employee could misuse in case they take the news badly. |
Don't decide upon a termination day or final payday without consulting us first. The laws and regulations surrounding notice periods and final payroll processing vary from country to country - and sometimes even region to region. |
| Inform Omnipresent if you suspect that an involuntary termination may trigger a lawsuit. |
Don't underestimate the potential impacts of your actions or what you tell the employee. In many jurisdictions, employees are used to recording conversations with employers. Always ask Omnipresent what the right steps are for a termination according to the applicable laws. |
| Expect that a terminated employee will ask to review the grounds of the termination and any termination package offered with their legal counsel. |
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| Expect that local laws may require a period of performance management before termination can be actioned. Omnipresent may need to be part of this process to check that it's compliant and issue the formal written documents. |
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| Consider that if you have identified employee misconduct that necessitates issuing a warning letter to the employee or dismissal, Omnipresent will need to be part of the process, which may require a prior investigation. |
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| Consider that you might not be able to terminate the employee directly. As the employee's legal employer, Omnipresent may be responsible for undertaking the offboarding process, including termination meetings. |
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During Termination
If Omnipresent confirms that the termination can proceed and that your company can take a role in the offboarding process, here’s what you should consider.
*Here are some of the typical questions you might receive from an employee during the termination period:
- When will I receive my last payment?
- Will the company extend a recommendation letter?
- Am I eligible for unemployment insurance?
- Can I continue my health insurance?
We’ll help prepare you with answers to those questions before the termination meeting.
| Do's |
Don'ts |
| Be straightforward with the employee during the termination meeting. |
Don't make the conversation longer than it needs to be. Keep it as short as possible. |
| Be prepared to answer any questions the employee might have about termination*. |
Don't argue with an employee to justify a termination decision. Remember that the way you treat the employee could be the determining factor in whether or not they decide to file a lawsuit and whether or not it has merit. |
| Pay attention to claims about discrimination. If the employee talks about discrimination at work, you must inform Omnipresent immediately. |
Don't lose your temper or get too emotional. |
After Termination
Once the termination meeting is complete and the termination agreement has been signed, here’s what you should and shouldn’t do next.
If you have any further questions, please contact your Account Manager or Customer Success Manager directly. Thank you.
| Do's |
Don'ts |
| Look out for Omnipresent's confirmation of final payroll and return of any remaining deposit funds. |
Don't talk about the termination with other employees. If employees ask questions, please inform them the individual no longer works for the company. |
| Change login credentials to company accounts, if necessary. |
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| Take the employee's name out of directories and or website materials. |
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| Consider providing a reference letter when possible. This will greatly assist the employee in their search for new employment. |
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| Inform Omnipresent if you receive any notification, letter, or additional request from the employee. |
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