Marc Raspanti, left, and Joseph L. Gordon, right, of Pietragallo Gordon Alfano Bosick and Raspanti.
Roughly three out of four large U.S. employers utilize exit interviews, which are considered a low-risk, low-cost way to acquire valuable information. However, companies who approach exit interviews with an “auto-pilot” mentality may expose themselves to increased employment liability if they do not think strategically about how and why they conduct such interviews. Conversely, a robust exit interview program may reduce a company’s exposure to certain types of prospective liability, such as whistleblower claims. Likewise, exit interviews can combat against disclosure of a company’s trade secrets. Depending upon a company’s industry, culture and processes, conducting exit interviews may or may not be advisable. This article discusses some considerations to guide that decision-making process.
General Employment Liability Risks
Departing employees can, and do, raise allegations during exit interviews that create increased employment liability exposure. This often happens when a departing employee is interviewed by a human resources representative. Even though HR employees are most likely to conduct an exit interview, they often lack insight into the employee’s history at the company and may not be prepared to meaningfully respond to an allegation that is grounded in the departing employee’s daily experience.
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