How Tom Brady’s Retirement is a Lesson in Employment Policy

Tom Brady announced his retirement earlier this month to the surprise of no one. By the time of his official statement, news of his retirement had been leaked by ESPN, denied by the Tampa Bay Buccaneers, and neither confirmed nor denied by Brady’s agent, who said Brady was “still making up his mind.” The timing of the announcement just before the Super Bowl was either forced by the media or an expression of sour grapes, depending on which way the winds of social media were blowing. Whatever the reason, Brady’s separation from the Buccaneers was not a smooth one — and, as HR attorney Tim Reed notes, serves as a cautionary tale for employers.

When an employee leaves a job, the process can be straightforward and conflict-free, or it can cause hard feelings and poor morale among the employees who remain. Regardless, employers should have separation policies and procedures in place to minimize problems. 

In cases of involuntary termination especially, employers should have a clear basis for their decision in order to avoid claims of discrimination as outlined in Title VII of the Civil Rights Act of 1964.  Having a progressive discipline procedure in place can provide documentation of circumstances leading to termination. 

Exit interviews are good practice when employees resign voluntarily. Understanding why an employee is leaving is valuable information that can help you correct problems before they cause other employees to quit. 

A good strategy for avoiding surprises in an exit interview is to regularly conduct what HR Advisor calls stay interviews. Sitting down with employees periodically is a proactive way to improve the working environment and show employees that you are committed to keeping them on your team.

 Most states have specific requirements for the last day of employment. For example, in California the employee’s last paycheck, including the day of separation, is due when separation is involuntary. The same is true for employees who resigned, provided the individual gave at least 72 hours’ notice. Some states require other documentation and signed agreements, depending on the circumstances.

 Separation policies should outline procedures for return of company property and ending electronic access and, if appropriate, physical access. Review employment agreements regarding trade secrets another confidential information with the departing employee.

Thankfully, most employees and employers part ways without attracting NFL-level notice. Your employment attorney can provide guidance that helps you protect the interests of the team. As always, we are happy to help.