Provided by: Jennifer Kirschenbaum, Esq.
November 5, 2019
Should I be terminating email access immediately for an employee I am terminating?
Appreciate the advice!
Generally the answer to whether or not to shut access is Yes, however, there may be overriding considerations depending on circumstance. The considerations for shutting access are, of course, protecting company proprietary information, including access to HIPAA sensitive information.
Depending on the employee terminated, you may need that person to transition for a period of time, and there may be a need for continuing access. If you do maintain access for a terminated employee, it is prudent to monitor the access post termination and to allow such access to continued for a limited and controlled period of time.
As you plan to terminate, consider having the employee sign a separation agreement, especially if you are offering this person severance. In exchange for severance offered, you can obtain a release from any potential claims, including claims from any potential additional amounts owed to employee.