I am the HR Supervisor at a company with an at-will policy, but am new to HR and need some guidance.

We want to terminate the employment of an employee in Mississippi who clearly violated policies in our Employee Handbook and lied to his Supervisor about the violations. Obviously, we can terminate for cause.

My question is about the termination procedure. Are we required to give him any advance notice? Our Employee Handbook doesn't have a policy about Involuntary Terminations.

Are there other issues we should be aware of?

No, advance notice is not required. I don't know what policies he violated, but for a moment think embezzlement, or workplace violence, or coming to work drunk. Obviously it would be foolish for the law to require a warning in advance given the possibilty of this kind of situation. Barring a contract that says otherwise, no employer is ever required to give advance warning of a termination for cause.

However, while the law does not require that you give him advance notice, whether you do or not might (I am not saying will) have an effect on whether or not he qualifies for unemployment. In some states (mine is one of them) depending on the offense frequently whether or not UI is approved or denied will depend on whether or not the employee knew that violating this policy could/would result in his losing his job. If you are willing for him to receive UI, there's no problem. If you would contest UI, you might want to provide me with a little more detail. I can't offer you a guarantee, but I can at least provide an informed opinion.

BTW, some states (again mine is one of them) require that you provide him with information about how to apply for unemployment, regardless of the sitution. I don't THINK your state has that requirement, but it wouldn't be a bad idea for you to contact your state UI commission and check.

Other things to think about with a termination; if he is on the company health insurance, you need to offer him COBRA unless (a) you have less than 20 employees total (I'll have to check if you have a state continuation plan in your state when I get back to my office) or (b) his offense reaches the level of "gross misconduct". The adjective is important - simple misconduct still requires COBRA. While there is no "official" definition of gross misconduct, the one I was taught to use is that if you, or someone, can prosecute, it's a gross misconduct situation. Anything less than that, you're safer offering it.

If you have a 401k plan and if he is a participant, you'll need to refer to your plan document to determine when you need to provide him with rollover/cashout information.

I can't tell from your post whether or not you plan to term him as an at-will issue, or if you plan to spell out for him why he is being fired. Either is legal - the latter is safer as long as you have clear evidence/documentation of the offense. He may demand something in writing - again I'll have to let you know when I get back to my office whether it is required in your state. I don't believe it is but I've been wrong before. In any case, I don't believe any state with the possible exception of New York requires that you provide a written notice of termination unless it is specifically requested by the employee. I'll check these details for you tonight - I'm at a client site today.

If you have any specific questions, don't hesitate to ask. I never mind mentoring an HR newbie!