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Employee Terminations: Key Tips, Templates, and Pitfalls to Avoid

Key Takeaways from Our Recent Webinar

Employee terminations are one of the most difficult responsibilities employers face and they rarely get easier with experience. In our recent webinar, Employee Terminations: Key Tips, Templates, and Pitfalls to Avoid, Ethena’s Chief People Officer, Melanie Naranjo, joined Medina McKelvey Partner Angela Rho to unpack the realities of termination decisions and how to navigate them with clarity, confidence, and care.

Their goal: help employers approach terminations in a way that reduces legal risk, supports their people, and reinforces a healthy, well-managed workplace culture.

Watch the Replay:

Summary of What Was Covered

  • Why terminations should never come as a surprise: Employees should understand where they stand long before a termination decision is made. Consistent feedback, clear expectations, and ongoing communication are critical to avoiding unnecessary risk and confusion.
  • The importance of documentation (even when it’s imperfect): Strong documentation creates clarity, supports decision-making, and strengthens your position if a claim arises. The key takeaway: document early, document often and don’t let perfection get in the way of progress.
  • Consistency in discipline and decision-making: Treating similar situations differently can create significant exposure. Employers must apply policies and expectations consistently across teams to maintain fairness and reduce legal risk.
  • How to communicate terminations clearly and effectively: Termination conversations should be direct, concise, and respectful. Over-explaining or creating ambiguity can lead to confusion and increase the likelihood of disputes.
  • What to do when a termination conversation goes off track: Not every conversation goes as planned. The speakers discussed how to pause, regroup, and prioritize safety and professionalism when emotions escalate or unexpected issues arise.
  • How to think about risk the right way: Even when employers do everything “right,” claims can still happen. The focus should be on risk mitigation, not risk elimination, by ensuring decisions are well-documented, well-reasoned, and grounded in legitimate business factors.
  • When and how to involve legal counsel: Bringing in counsel early can help validate decisions, uncover blind spots, and add credibility when communicating internally with leadership. Because employee terminations involve both legal and human considerations, the full webinar provides the context and nuance needed to handle these situations thoughtfully and effectively.

Watch the replay to gain practical insights, real-world examples, and actionable guidance you can apply immediately.

Your Next Steps

If your organization is navigating employee performance issues or potential terminations, there are a few steps you should consider:

1. Strengthen Your Documentation and Performance Management Practices

Ensure managers consistently document feedback, coaching conversations, and performance concerns. Clear documentation supports better decision making, reduces surprises, and strengthens your position if issues escalate.

If you need support evaluating your current approach, email legalupdates@medinamckelvey.com. We will help you identify gaps and implement practical solutions.

2. Take a Proactive Approach to Risk and Compliance

One of the key takeaways from this webinar is that effective termination decisions do not happen in isolation. They are built over time through clear expectations, consistent feedback, and thoughtful documentation.

Taking a more structured approach can help ensure:

  • Performance concerns are addressed early and consistently
  • Managers communicate clearly and avoid mixed signals
  • Termination decisions are supported by well-documented context

Focusing on these fundamentals can help reduce surprises, improve internal alignment, and make difficult conversations more clear and manageable for everyone involved.

3. Reach Out With Questions

Not sure how to handle a specific situation? Facing a difficult termination decision? Want a second opinion before moving forward?

We’re here to help. Email legalupdates@medinamckelvey.com with your questions and we'll get back to you as soon as possible.

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