Common Mistakes Employers Make When Terminating Employees

Terminating an employee is a sensitive and legally complex process. While employers may believe they are acting within their rights, mistakes made during termination can lead to wrongful dismissal claims, reputational damage, and costly legal disputes. Understanding common errors helps employers comply with labor laws, maintain professionalism, and reduce legal risks.

1. Failing to Follow Legal Procedures

• Employers often overlook mandatory legal steps required by labor laws

• Common mistakes include:

  • Failing to give the notice required for the applicable termination ground; payment should not be assumed to cure an unlawful process.

  • Ignoring statutory termination procedures

  • Failing to consult with employees when required by law

• Non-compliance can result in penalties or reinstatement orders

2. Lack of Proper Documentation

• Termination decisions without clear documentation are legally vulnerable

• Red flags include:

  • Missing performance reviews or disciplinary records

  • No written warnings prior to termination

  • Inconsistent records that contradict the stated reason for dismissal

• Proper documentation is essential to justify termination decisions

3. Unclear or Unfair Reasons for Termination

• Employers may terminate employees without clearly defining the legal grounds

• Mistakes often involve:

  • Vague reasons such as “poor fit” without evidence

  • Termination based on personal conflict rather than performance

  • Inconsistent treatment of employees in similar situations

• Clear, lawful, and objective reasons help reduce dispute risks

4. Ignoring Employee Rights and Benefits

• Employers sometimes fail to respect employee entitlements upon termination

• Common errors include:

  • Miscalculating severance or final salary payments

  • Failing to pay unused leave or benefits

  • Delaying required termination documents

• These oversights can quickly escalate into legal claims

5. Legal Guidance and the Role of Jurion & Partners

• Employment termination involves strict legal obligations and potential liability

• Seeking legal advice before termination helps employers:

  • Ensure compliance with labor laws

  • Reduce the risk of wrongful termination claims

  • Handle sensitive situations professionally and lawfully

Jurion & Partners provide expert employment law services, including:

• Legal review of termination decisions

• Guidance on lawful dismissal procedures

• Representation in labor disputes and employment claims

​View more >> Foreign Labor Recruitment in Vietnam What International Employees Need to Understand

View more >> Work Permit Procedures for Foreign Employees in Vietnam