Exit interviews are often a courtesy to departing employees. What many business owners and employers do not realize is that this practice can be part of their business’ legal protection strategy.
Why exit interviews matter
Exit interviews can give you insights into your ex-employee’s experience with the company. They offer a chance to:
- Address any lingering concerns or grievances.
- Gather feedback on company policies and practices.
- Identify potential areas for workplace improvement.
- Document the employee’s reasons for leaving or termination.
Like many states, Illinois’s employment is generally “at-will.” If you are an employer, you can terminate employees at any time as long as it is not because of discrimination or retaliation. However, even if it is legal, businesses are still at risk of employment litigation.
Through exit interviews, you may be able to uncover any potential legal claims that your former employee may have against your company. Perhaps they feel discriminated against, harassed or wrongfully terminated – all possible grounds for a lawsuit.
Whether they explicitly tell you this during the meeting or not, you can build a defense strategy right away. Plus, exit interviews also show your commitment to fair and respectful treatment of employees, which can help demonstrate good faith when an employee files a claim against your company.
How to maximize exit interviews
It is important to approach exit interviews carefully to get the most out of them. For instance, consider having a neutral third party conduct the interview to keep the conversation fair and focused on gathering facts. After the interview, review the discussion and address any real concerns the employee shared.
While exit interviews are incredibly helpful, they are not foolproof protection against legal troubles. So, it is equally important to get advice from an experienced lawyer in case of a potential lawsuit.
