Just because you don't have a 50 lawyer-strong legal department doesn't mean you can't be successfully sued if you mishandle an employee termination. Fortunately, HR Daily Advisor has provided a nice checklist with the help of James W. Bucking, the Employment co-chair at Foley Hoag LLP, for how you should go about ending an employee's time in your business without opening yourself to accusations of discrimination.

Know all the facts. Talk to the employee; talk to other employees about the employee; and make notes. Review all related documents, and make sure that you have all the related documents.

Buttress your case for termination. There is nothing wrong with creating new documents that support your decision--just make sure they are honest and accurate, which should not be a problem if you feel you are justified in the first place.

DON'T LIE. Say it with us again: "DON'T LIE." "The worst thing to do when terminating an employee is to be dishonest as to why," says Bucking, adding, "most discrimination allegations turn not on direct evidence (like racial slurs), but on ‘pretext.' An employer gives a false reason for termination, creating the inference that the real reason was unlawful.”

Execute the termination respectfully. Being fired is a traumatic experience for the employee (and yes, however bad it may make you feel, it makes him or her feel worse). Easing the blow with kindness or cordiality as well as other considerations, such as discretion, will lessen the likelihood of subsequent bad blood. At the same time, Bucking also recommends having one other party present at the actual termination, taking notes, so that the record will show that you behaved in an appropriate manner.

Tie up loose ends. Make sure you pay the terminated employee all he or she is owed, including, depending on your company policy, compensation for not-taken vacation days. And check your state's laws: you may be required to make all this payment on the final day. And don't forget that non-disclosure form!