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Labor & Employment Law
: Employment AdvisoryBy Rod Stephens
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The interviewer should commence the interview by setting the parameters of the interview. For example, in many cases the interviewer will explain that the purpose of the interview is to address administrative issues, answer any questions the employee may have about their final paycheck, benefits, COBRA and related issues and obtain the employee?s insights into how the company can be improved. The following issues must be addressed: receipt of final paycheck, entitlement to vacation or sick pay, primary and secondary contact information, the effect of termination on employee benefits, and eligibility for rehiring. In addition, the employee should be provided with copies of company policies on non disclosure, confidentiality, and the return of company property. As the interviewer proceeds through this process, the employee should be given the opportunity to ask questions.
Successful interviewers use a checklist, admit what they don?t know the answer to, and conduct the interview using open ended questions that allow the employee to elaborate on matters of interest to the company. Some suggested questions are:
1. Can you explain the reasons for leaving our company?
2. What aspects of your job do you like the most and what aspects do you like the least?
3. What do you like or dislike about our company?s management?
4. If given the opportunity, what would you change?
5. What prompted your decision to leave?
6. What is it about your new position that makes it more attractive that your current job?
7. Would you ever consider returning to our company in the future? If so, under what circumstances?
If you are aware that the employee has made a claim of discrimination or harassment, then make sure to address the issue with employee. Find out how they felt the investigation was handled and whether it was handled to their satisfaction. If their input is negative, ask the most powerful one word question, ?why??. Finally, ask questions that are designed to determine whether the employee suffered retaliation following their report.
Too often employer?s want to shy away from asking questions that may elicit negative information. This can prove to be a costly mistake. The exit interview is your last opportunity to find out about matters that have of the potential of becoming a lawsuit. As a result, use the exit interview to your advantage. At the very least it will allow your organization to commence the damage control process.
Next week we will discuss what to do if, during the exit interview, you learn there are workplace problems.
Nothing in this blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal concern.
Full post as published by Employment Advisory on July 15, 2007 (boomark / email).









