Wrongful Termination Prevention Program 4th Edition

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Over 16 million civil lawsuits are filed annually in the U.S., many of which involve claims of retaliation and wrongful discharge brought about by disgruntled former employees and “whistleblowers” (individuals who expose illegal activities undertaken by businesses). One-third of all employment-related lawsuits involve allegations of wrongful termination, meaning that the decision to terminate was motivated by unlawful retaliation or a discriminatory factor. According to various studies, companies lose over 60 percent of all wrongful termination lawsuits, and the average jury award in these lawsuits is $600,000.

In April 2019, the Equal Employment Opportunity Commission (EEOC) released new enforcement data indicating that claims of unlawful retaliation accounted for more than half (51.6%) of all discrimination charges filed in the past 12 months. 

In light of the #MeToo and #TimesUp movements, more victims of harassment and discrimination are expected to come forward with formal claims than ever before, and each one of them will be protected from retaliation. The EEOC reports that in FY 2018 they received 7,609 sexual harassment charges -- a 13.6 percent increase from FY 2017 -- and obtained $56.6 millioin in monetary benefits for victims of sexual harassment.

In November 2017, the agency published new guidance on harassment prevention that included 10 additional recommendations on preventing unlawful retaliation. Effective best practices recommended by the EEOC and attorneys include publishing an anti-retaliation policy, implementing a progressive discipline procedure, standardizing the termination process, and providing specific training to managers. 

To help employers prevent costly wrongful termination claims and comply with the latest EEOC guidance, Personnel Concepts has re-introduced a revised, comprehensive Wrongful Termination Prevention Program (4th Edition). This exclusive compliance solution includes the policies, forms, training materials, attorney recommendations, and best practices needed to prevent and avoid claims of retaliation and discrimination from terminated employees. 

Who Needs It

All employers must ensure that their termination process complies with applicable laws. Some whistleblower protection laws and anti-retaliation laws apply to businesses with as few as one employee. 


Prevent Costly Wrongful Termination Lawsuits
The average cost to defend an employment-related lawsuit is $50,000, and the average jury award in wrongful termination cases is $600,000. By complying with the latest EEOC guidelines, communicating essential policies, and thoroughly documenting the termination process, employers can significantly reduce the likelihood that a terminated worker will file a wrongful termination claim.

Create a Line of Defense Against Frivolous Claims
Clearly communicating and thoroughly documenting the terms and conditions of employment, the termination process, and employee performance issues can create a line of defense against frivolous claims brought about by disgruntled former employees.


Our revised Wrongful Termination Prevention Program (4th Edition) includes the following materials:

  • A plain-language Wrongful Termination Prevention Guide that includes recent EEOC guidance on preventing retaliation claims, overviews of applicable laws, best practices, sample forms and policies, and a legal brief from an attorney.
  • An 11” x 17” At-Will Employment Poster to ensure that employees understand that non-contractual employment can be terminated at any time with or without cause, subject to specific exceptions.
  • An Anti-Retaliation Laws Applicability Checklist to help employers determine which of the 20+ federal anti-retaliation laws apply to their business.
  • 25 Employee Separation Checklist Forms to standardize and document the termination process.
  • 25 Performance Improvement Plan (PIP) Forms to document and communicate performance issues.
  • Online access to 10 essential downloadable resources ranging from customizable sample policies to fill-in-the-blank documentation forms.