When it comes to offboarding, at Pilot we differentiate this between Voluntary and Involuntary.

For either one, we ask that you give us as much notice as possible and involve us right from the beginning of the process so we can better support and guide you through the process.

We recommend including a probation period in each employment contract 
to protect both yourself and the employee.
This can range between 3 to 6 months, depending on the country.

Voluntary 👋


Voluntary offboarding is when offboarding is initiated from the employee’s side, i.e., resignation.

Steps and process

  1. If one of your employees informs you that they would like to resign, please inform us as soon as possible so that we can begin the offboarding process.

  2. The employee will need to submit a resignation letter to hire@pilot.co addressing it to the local entity in which they are employed, stating the termination date. Please note that, in some cases, a wet signature will be required, but this is country-specific. We will let you know if this is a requirement.

  3. We’ll need to know how much paid time off (PTO) the employee has used up to date. If there is any PTO that has been accrued but not been used, the employee is entitled to having it either paid out or using it before their termination date.

  4. Once we have received the resignation letter and PTO information, we’ll begin the offboarding process.

  5. Our legal team will prepare a release and/or waiver letter outlining the terms of termination. Pilot will send the release and/or waiver letter to the employee for review.

  6. Following confirmation from the employee, the release and/or waiver letter will be issued to the employee for signature. A wet signature may be required, dependent on the country.

  7. Final pay is paid out to the employee, including any PTO owed (if any).

ℹ️ Important notes:

  • Timeline: Depending on the notice period specified in the employment contract, it can take anywhere between 1 to 4 weeks until the employee is terminated

  • Documentation required: A resignation letter from the employee


Frequently asked questions:

  • Does the employee need to work their full notice?

If you both agree to it, we may be able to terminate the employment contract without the employee working their full notice. Please contact us to discuss, in more detail, if this is possible.


Involuntary ⚠️


Involuntary terminations are initiated from your side when you wish to terminate an employee.

Such terminations outside the US can be tricky and time-consuming. If you are planning to terminate an employee, please reach out to hire@pilot.co right at the beginning of the process to discuss the possibilities and timeline. In most cases, the termination would need to be with cause. This means you will need to have a valid and justifiable reason to terminate an employee.

Dismissal should be treated as a last resort, proving that all other options have been considered. For example, an employee went through a performance management plan and was given three written warnings. However, they are still not performing up to expectations, and you have them documented. Pilot will request the documentation from you.

If you do not have a legitimate reason to dismiss an employee, they may sue you for unfair dismissal. This can be a very lengthy and costly process that all parties should strive to avoid.

Please note: Outside the US, ‘at will’ termination is not common

At Pilot, we handle most involuntary dismissals through a Mutual Termination Agreement (MTA). This means both parties must agree to the terms of the dismissal. Often, this will include severance, pay in lieu of notice, etc., dependent on the country's requirements.

It’s important to note that the employee cannot be forced or coerced into signing the MTA should they not wish to do so. If an MTA is not required or cannot be signed, we will have a list of questions to investigate the termination/dismissal reason and other details to research if it’s enough to send out a termination notice without any other required agreements.

Steps and process

  1. Should you wish to terminate an employee, please inform us immediately at hire@pilot.co to discuss the possibilities and timeline.

  2. We will need to know how much paid time off (PTO) the employee has used to date and the reason for the termination.

  3. Minimum pay in lieu of notice and severance may be required, the information can sometimes be found in the employment contract, or Pilot will inform you. It is recommended to offer additional severance to favor the MTA for signature.

  4. Once we have received the above information, we will begin the offboarding process.

  5. Our legal team will draft the MTA, which we will share with you.

  6. You will need to have a conversation with the employee explaining that the decision has been made to end the employment relationship and present the MTA to them.

  7. The employee is given time to consider the MTA and to come back with any questions or concerns. Some countries will require an employee to involve a solicitor in the process.

  8. If the employee is happy to sign, they will inform either you or Pilot, and we will provide MTA signing instructions. Please note in some cases, a wet signature will be required, but this is country-specific. We will let you know if this is a requirement.

  9. Following a signed MTA, final payments, including any accrued PTO, are paid out to the employee.

    • If the MTA is not signed or not required, we will conduct a legal investigation before sending out a termination notice.

Severance

Severance requirements are country-specific. Please review the employment contract and contact us at hire@pilot.co for more information.

Holiday/vacation payout

If an employee accrued PTO that they did not use up, they are entitled to either having this paid out or using it before their termination date.

Pay in Lieu of notice

In some instances, the employee will not have to work their notice, but this varies by country. Please review their employment contract and reach out to hire@pilot.co for more details.

ℹ️ Important notes:

  • Timeline: ****Depending on the notice period specified in the employment contract and the employee’s tenure, the process for an involuntary termination can take anywhere from 2 weeks to more than 3 months.

  • Documentation (if applicable): Performance management plan, written warnings, misconduct, or any info related to termination or dismissal.

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