Question: I recently purchased a business and kept all of the existing employees. There is one employee who, no matter how much training or assistance they get, seems to consistently make mistakes and is always overwhelmed. I don’t know how much more coaching I can provide. This will be my first time terminating someone. How do I even start the conversation? Can I do it over the phone?
Terminations can feel deeply personal when you’re the one making the call. From a legal standpoint, they need to be handled methodically and consistently. On a personal level, the hardest part is delivering the news with dignity, especially for the first time.
Start with a basic risk assessment, which is something we recommend for every termination, not just your first.
A few key questions:
These questions are about identifying red flags. If there’s a protected status or recent protected activity, terminating the employee now could increase the risk of a wrongful termination or retaliation claim. That doesn’t mean you can’t proceed, but it does indicate you need to be clear in your rationale, and confident in your documentation.
Even in lower-risk terminations, a strong paper trail, including coaching notes, warnings, progressive corrective coaching notes, and, in the best-case scenarios just makes sense. Together, these things can support your decision to end the working relationship. Not only is it beneficial to have all the notes, but it is also beneficial to demonstrate that the person was given a fair opportunity, which can then reflect that your decision was based on objective work related reasons.
Be sure you haven’t created documentation that makes termination harder. If you’re a new business owner, you may have found a template handbook online, given your team employment contracts, or issued PIPs with strict timelines. Any of these items may actually prevent you from being able to terminate an employee at-will. If you aren’t working with CEDR and are considering terminating someone for the first time, please contact us first.
Additionally, from an HR compliance law perspective, don’t forget final paycheck rules as they vary by state and can include strict deadlines regarding when final pay must be issued, as well as the payout of unused vacation. If state law requires it or if your policy promises it, you must include it with their final check.
This is someone’s livelihood, and whether or not they see it coming, they’re likely to feel disappointed, frustrated, or even blindsided.
Here’s your roadmap:
Terminations are rarely easy. But by combining solid documentation with a respectful delivery, you’re setting the tone for how your new business handles tough decisions—with professionalism and heart.
CEDR has a couple of super helpful resources to help guide you through the process:
Question: One of my employees confided in another team member that they have been having suicidal ideations for some time now. They also said they’ve attempted suicide before. I’m extremely worried and want to provide whatever support I can. Should I talk to the employee about it? Should I reach out to their emergency contact?
Whether it’s the person themselves or a coworker reports that an employee has been having suicidal thoughts and has previously attempted suicide. They chose to share this concern with you. Treat third-party reports the same way you would a direct disclosure. Your job is to protect privacy, comply with the law, and act if there is risk of harm. Take any disclosure seriously, even if it sounds offhand or the employee later downplays it. (Clinically, this is called “suicidal ideation,” but we use plain language here.)
Before you take any employment action (fitness-for-duty, leave designation, documentation requests), talk to CEDR first if you are a member. We will walk you through accommodations, time off,, privacy, and safety, but most importantly, we will work with you to create a specific plan that is tailored to the particular facts of the issue.
Document what was shared, when it was shared, and who it was shared with. Keep it factual and private. Note who the information was reported by, and capture any direct wording you can. This is not for disciplinary use; it shows you acted in good faith and supports decision-making if formal steps become necessary. AGAIN, DO NOT investigate by drawing others into the situation to ask them what they know about the employee.
The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees, and many states, cities, and counties have similar laws that apply to smaller employers. These laws can apply to this situation if your employee is experiencing a medical condition such as a mental health crisis, or side effects of prescription medication.
If you have objective reason to believe that something like this is going on, you should approach the situation similarly to how you would if you were seeing a physical disability affecting an employee’s work. This means speaking with the employee privately, letting them know what you’ve observed about their work, and asking if there’s anything going on you should know about or anything that they need to help them perform their job.
Keep the process private, respectful, and narrowly tailored. When in doubt about what you can ask or require, talk to CEDR first.
Depending on the applicable laws, the employee may be entitled to protected or paid leave. Your policies should clearly outline the available benefits in accordance with the size of your practice and applicable state laws. Make sure the employee and you can easily access them if they decide to take time off for treatment. If you use backstageHR to distribute your handbook, they can find your leave-of-absence policies in the Vault. Before you designate leave or request medical documentation, please consult with CEDR first.
This is sensitive, and the employee may be defensive or upset. Make it clear this is not coaching or discipline. A simple opener:
“I heard you are having a hard time, and I want to check in. You are not in trouble. Are you safe right now? Would you like help connecting to resources like 988 or our EAP?”
Keep the tone light but sincere. Let them know resources exist and offer to help connect them. You cannot force anyone to use resources, but planting the seed matters. Keep an open-door policy. Be prepared for the person to become initially upset if a coworker reports the issue. Your role is to be supportive and make it clear you are ready to listen.
Unless there is an immediate emergency, contacting an emergency contact without the employee’s consent can raise privacy issues. If you believe there is a risk of imminent harm, call 911 or local emergency services.
If your workplace has an Employee Assistance Program (EAP), remind the employee that it is available. For non-emergency questions that arise from a safety concern, contact CEDR first.
Can I call their emergency contact?
Unless there is an immediate safety concern or the employee has given their consent we generally say to wait, but again, you may decide with us that you need to call their emergency contact. If you believe there is an imminent risk, call 911. You can encourage the employee to contact their emergency contact or 988. If you are unsure what is allowed, talk to CEDR first.
What if the report feels like gossip or is secondhand?
Treat it as a good-faith report. Thank the reporter, keep their identity confidential as possible, and check in directly with the employee.
Can I ask if they are thinking about harming themselves today?
Yes. You can ask about immediate safety in plain language. If the answer suggests imminent risk, contact 911. Do not conduct a clinical assessment as their employer. Connect them to 988 or a professional. If you are unsure how far to go, talk to CEDR first.
When can I require a fitness-for-duty evaluation or doctor’s note?
Only when you have objective evidence that the condition may impair essential job functions or pose a direct threat to others. Contact CEDR and we will help assess the situation.
Can I place the employee on leave?
You can discuss available leave options with the employee, but unless they appear unable to work you cannot force them to go on a leave of absence.. In the event of a genuine safety concern, it might be appropriate to suggest they take time to seek medical help. Consult with CEDR to evaluate next steps.
Who needs to know inside the company?
Only those with a legitimate need: HR/admin, a manager implementing accommodations, and first aid or safety personnel if necessary. Do not share details with the team. If you are unsure who truly needs to know, talk to CEDR first.
What if the employee asks me not to tell anyone?
Explain that you will keep it as private as possible. Your obligation is to protect the employee and the workplace.
What if they refuse resources or will not talk?
Document the refusal, keep the door open, and provide written resources (988, EAP). If you have objective safety concerns, take appropriate steps, up to contacting emergency services. Not sure where that line is? Talk to CEDR first.
Remote or after-hours situation: what changes?
Same framework. If you know their location and believe there is imminent risk, call local emergency services. Encourage 988 and consider a wellness check.
Can I get in legal trouble for asking about suicidal thoughts?
Laws that protect employees from discrimination based on medical conditions do prevent you from treating someone differently based on a presumption that they are having a medical issue. This means that you should open the door for the employee to discuss the situation with you, and offer resources. But you shouldn’t change anything about their job duties or schedule unless they are objectively unable to work. Talk to CEDR before doing anything like this.
Question: An employee that recently came back from maternity leave is choosing to pump in our employee break room instead of the designated nursing room that we have set up (which is private and meets all our state’s requirements). A few employees have walked in on her and mentioned it afterwards, although none of them have technically “complained” about it. I feel like using such a public space might be risky. Can I require that she use the designated room?
This has a different angle than most of the questions we get about this topic. If you’re meeting the legal requirements, what more can you do?
The PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers) is a federal law, and many states have their own versions with extra layers of regulations you must be mindful of following. These laws require you, the employer, to provide a private, clean space (that’s not a bathroom) for pumping. You’ve done that. But, the law doesn’t say the employee has to use it. If she prefers a different location, she’s allowed to make that choice within reason. Her opting to pump in a shared space is not unlawful.
At this point, because the mother is in a protected class performing protected activity, it’s time for you to enter into the interactive process with her and to document your notes. Let’s find out why she is choosing a different room. Then determine how to balance out any concerns she has against keeping the use of the break room comfortable for others.
It’s okay for you to have a respectful conversation with this employee about using the designated room. But approach it gently, emphasizing that this is about ensuring she has the privacy she deserves, not about limiting her rights.
Start by asking if there’s a reason she’s choosing the break room over the designated space. It could be something simple: maybe she feels claustrophobic, perhaps the private room lacks a comfortable chair or something else essential to her needs as a new mom, or maybe it’s just something else we can’t imagine until she lets us know.
If after listening, you still need to steer her toward the private space for the sake of the larger team’s not being kept out of the shared break room, frame it as a way to ensure that she isn’t interrupted and that everyone’s needs are being met. You’re aiming for a collaborative solution here, not an ultimatum. And if the conversation brings up a unique accommodation request you’re unsure how to handle, that’s a good time to reach out to an HR expert for next steps.
Extra Credit Reading: Nursing Mothers in the Workplace: Legal Requirements and Kind Accommodations
Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
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