First, the employer is going to want to make sure what the true nature is for wanting to terminate this employee. If a manager comes forward and claims that it’s performance reasons, that the employer’s going to want to make sure that that’s the true reason for wanting to terminate the employee.

Second, the employer is going to want to make sure that they complied with the progressive disciplinary policy and that the file had been properly documented in compliance with that policy.

Third, the employer is going to want to assess whether or not this employee is a member of a protected class and whether it would make sense to use a severance agreement as part of the termination for that particular employee.