Our clients report that they are increasingly faced with pressures to provide information regarding the termination of employees to outside sources, including the media.
The case law is clear. Employees have the right to be treated with dignity and respect both during their employment and in termination. An important aspect of treating employees with dignity is to maintain confidentiality throughout the termination process. Employers should therefore avoid any kind of public exposure regarding the termination of employees, even those in high profile positions. Should exposure be unavoidable, employers should provide the minimum information necessary to respect the privacy of recently terminated employees. This approach can help to both maintain calm in the workplace during challenging times and avoid charges of bad faith in termination.