When an employee informs their employer of their own decision to leave a company, employers often focus on completing the administrative aspects of the separation, including payment of final wages, benefits, and the return of company property. In addition, employers can use the departure as an opportunity to meet with the departing employee to gather helpful information to assist the employer to understand more about possible issues to be addressed in the workplace. This exit interview, conducted shorty before the employee’s final day of work, can provide an important opportunity to learn more specifically why the employee is leaving and identifying workplace issues that may otherwise go unnoticed. When conducted properly, exit interviews can help employers improve retention, identify management problems, and uncover potential employment-law concerns before they develop into larger disputes. (Exit interviews should be limited to employees who voluntarily leave the company and not those who are terminated by the employer, as terminated employees’ opinions are likely based upon their anger and disappointment and so will not divulge helpful information for the employer.)

An exit interview should be consistent, professional, and primarily focused on obtaining information rather than defending the company’s actions. Employers may ask why the employee decided to leave, what the employee liked or disliked about the workplace, whether the employee experienced concerns with management or coworkers, and whether the employee has suggestions for improvement. Using substantially similar questions for departing employees can help identify patterns and provide more meaningful information over time.

Exit interviews also can serve as an early warning system for potential legal issues. A departing employee may raise allegations involving discrimination, harassment, retaliation, wage-and-hour violations, workplace safety, leave rights, or other unlawful conduct. An employer should not assume that such a complaint is simply the product of a disgruntled employee. Depending on the circumstances, the complaint may trigger an obligation to investigate or otherwise respond. Interviewers should therefore understand when an employee’s comments should be referred to Human Resources, management, or employment counsel.

During an exit interview an employee may raise issues or concerns about wages or working conditions. For example, an employee might claim that the company failed to provide meal or rest periods, required off-the-clock work, misclassified employees, or retaliated against the employee for raising wage concerns. Similarly, complaints concerning discrimination, harassment, or retaliation should be documented and appropriately evaluated. The exit interview should not become an interrogation or an attempt to obtain admissions from the departing employee. Its primary purpose should be to listen, gather information, and determine whether further action is warranted.

Employers should also be careful about promising confidentiality. An interviewer may appropriately tell an employee that the company will take the information seriously and will share it only with those who have a legitimate need to know but should avoid an absolute promise that the information will remain confidential. If the employee raises a potentially serious allegation, the company may need to investigate and speak with other employees. Employers should also avoid retaliatory conduct—or the appearance of retaliation—based on complaints made during an exit interview. A professional, neutral approach is particularly important because statements made during the interview may later become relevant in litigation or an administrative proceeding.

Ultimately, exit interviews should be viewed as more than a courtesy extended to departing employees. For California employers, they can be a valuable employee-relations and risk-management tool. Companies should consider establishing a consistent exit-interview process, training the individuals who conduct the interviews, documenting significant concerns, and periodically reviewing the information for recurring trends. When an employee raises a potentially significant legal or compliance issue, the company should promptly determine whether additional investigation or consultation with employment counsel is appropriate. A thoughtful exit-interview process can allow an employer to learn from departing employees while identifying and addressing problems before they become costly employment disputes.

If you have any questions regarding conducting exit interviews, contact our employment attorney Scott Liner at [email protected].

Have questions about your exit interview process or a workplace concern raised by a departing employee?
Contact Chase Law Group or call 310-545-7700 for guidance.

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_{Please note that this article is for informational purposes only and should not be considered legal advice and does constitute an attorney-client relationship. It is recommended to consult with an attorney and your insurance carrier directly for specific guidance pertaining to your business and its practices.}