The Importance of Advanced Notice When Terminating Employees

Florida is an employment-at-will state. This means either an employer or an employee can end the working relationship at any time, with or without cause or advanced notice.

However, advanced notice can still be beneficial for you and your employees. If you are unsure whether to provide one or not, here is some information that can help.

What are the benefits of giving advanced notice? 

Even if not legally required, consider providing advanced notice for the following advantages:

• Better planning: The employee will have a better chance to prepare for their next step. On the other hand, your company will have more time to plan for their departure, which might include reshuffling tasks, hiring a replacement or reorganizing the team.

• Enhanced employee relations: Advanced notices help show employees that you respect their time and livelihood, which can potentially improve overall workplace morale.

• Cost savings: Providing advanced notice allows you to avoid rushed hiring processes, reduce overtime costs and plan more cost-effective solutions to staffing changes.

• Smoother business continuity: You can ensure smooth operations by having time to implement succession plans or knowledge transfer processes. There will be fewer risks of hiccups in the workflow and potential project delays.

While these benefits can vary depending on the specific situation, advanced notices can benefit everyone involved.

How soon should you provide advanced notice? 

Two weeks is the standard notice period for many industries. Some employers provide notices one month before the termination date, especially for employees in high-ranking positions.

Ultimately, it will be up to you and your HR department to decide.

When are you legally required to provide advanced notice? 

According to Florida’s Worker Adjustment and Retraining Notification (WARN) Act, you must provide 60-day advanced notices when letting go of employees due to:

• Plant closures involving 50 or more employees for more than 30 days

• Mass layoffs affecting at least 500 full-time staff members

• Mass layoffs affecting 50 or more employees that make up 33% or more of your workforce

• Plant closures or layoffs extending over 90 days

This law does not apply to terminations due to poor performance, company violations or other legal reasons. However, remember that you cannot fire an employee based on discrimination or retaliation.

When should you seek legal guidance? 

Terminating employees is not always an easy task. Aside from the operational issues, you also have to ensure that you’re abiding by the law. That said, consider working with an employment law attorney who can help you remain legally compliant.

Our lawyers help businesses struggling with employment issues. Contact us today for a consultation.