Here are a few things to keep in mind to avoid liability when conducting an exit interview

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A disgruntled employee who is fired or chooses to leave a company can often lead to headaches down the line and may even result in a wrongful termination suit. If you’re in the right, there is no reason this should happen, as long as you’ve got your bases covered.

Dave Schedin, CEO of consulting firm The CompuTrek Group, shared a few tips with NOLN sibling publication FIXED for conducting an exit interview to avoid any liability down the line.


Have a system in place.

A standard procedure for conducting an exit interview should be put in place so if an employee gives their two weeks notice, the manager can conduct the interview on the spot, if need be. The procedure should outline the questions to ask, as well as information and items (keys, passwords) that need to be collected before the person leaves, Schedin says.

Have a witness.

Whenever possible, more than one person should be in the room, especially if it’s people of opposite genders, Schedin says. This will avoid any “he-said-she-said” arguments and also lower the risk of a sexual misconduct case in the future.

Record the interview.

In addition to having a witness, recording the transaction provides concrete evidence of what occurred during the interview. It can also be used for training purposes and improving on exit interview techniques, Schedin says.

When in doubt, reach out.

Laws vary state to state, and it can often be unclear what’s expected or acceptable. Before conducting an exit interview, reach out to a law firm to check over the procedure and make sure you’re in compliance, Schedin says.

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