
Angela A. Turiano
Partner
212-784-6915 aturiano@sh-law.comFirm Insights
Author: Angela A. Turiano
Date: October 21, 2025

Partner
212-784-6915 aturiano@sh-law.com
Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement.
One increasingly popular strategy for improving retention is the stay interview. When implemented effectively, stay interviews can help employers understand what keeps valued employees engaged, identify potential issues before they escalate, and strengthen overall workplace satisfaction.
A stay interview is a structured conversation between a manager and a valued employee that focuses on understanding what motivates the employee to remain with the organization and what factors might influence their decision to leave. Unlike exit interviews, which occur after an employee has chosen to depart, stay interviews are proactive and designed to prevent turnover before it occurs.
These conversations give employers valuable insight into how policies, management practices, and culture affect employee satisfaction. Typical questions include:
Stay interviews often get confused with other forms of employee feedback. However, their purpose and outcomes are distinct.
When conducted correctly, stay interviews can produce meaningful organizational benefits such as:
However, there are also risks if stay interviews are poorly executed. Employees may perceive the process as insincere if feedback is not acted upon. Managers must also avoid making statements that could be interpreted as promises of promotion, compensation adjustments, or other employment guarantees.
Just as companies carefully structure arbitration clauses to manage potential disputes, stay interview protocols should be designed with clear documentation practices that protect both parties.
Confidentiality is another critical concern. Employees should feel comfortable speaking honestly without fear of retaliation. Employers should have clear documentation and reporting protocols to ensure feedback is handled appropriately and does not violate privacy or confidentiality expectations.
Employers can maximize the value of stay interviews and reduce potential legal risks by following a few key practices.
Employers should conduct stay interviews at least once a year, separate from performance evaluations. Consistency across departments reduces the risk of perceived favoritism or unequal treatment.
Ideally, the employee’s direct supervisor should conduct the interview. Managers should be trained to listen objectively and maintain confidentiality. In some cases, HR participation may be appropriate to ensure neutrality.
raining managers on proper interview protocols is part of broader organizational oversight, and companies should review their corporate governance explained frameworks to ensure accountability structures support these retention initiatives.
Provide employees with flexibility in choosing when and how the meeting takes place. Offer the option to meet virtually, in the office, or at another location that encourages open discussion. Managers may also share questions in advance. Employees should be reassured that their feedback will remain confidential and will only be used to improve the workplace.
Managers should spend most of the meeting listening rather than speaking. A good rule of thumb is that 80 percent of the conversation should be devoted to listening. Notes should capture key themes and potential actions, not word-for-word dialogue. Managers should explain how feedback will be documented and shared.
The impact of a stay interview depends on what happens afterward. Managers and HR should develop a plan to address employee feedback and communicate next steps. When concerns are acknowledged and acted upon, employees are more likely to remain engaged and trust the process.
Managers must be trained to avoid statements that could create implied promises or inconsistent treatment among employees. Establish clear policies, approved language, and documentation procedures. Legal oversight helps reduce the risk of misunderstandings that could lead to employment disputes.
Understanding how business law intersects with employment policies helps organizations create structured programs that minimize risk while supporting employee engagement.
When implemented effectively, stay interviews can become a valuable component of a broader employee retention and risk management strategy. They foster communication, strengthen engagement, and provide early warning signs of potential issues that could otherwise result in turnover or liability.
The Labor and Employment Law Group at Scarinci Hollenbeck assists businesses of all sizes with designing and implementing workplace policies that promote retention while maintaining compliance with employment laws. Our attorneys help employers develop structured programs that protect both employees and the organization.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!