ARTICLE
22 October 2025

Are Stay Interviews The Key To Retaining Top Talent?

SH
Scarinci Hollenbeck LLC

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Scarinci Hollenbeck is a business law firm based in New Jersey, New York, and Washington, D.C servicing clients worldwide. Our focus is niche areas of law most often required by corporate entities, owners, leaders, and operators. Our prestigious roster of attorneys offers the experience and proven results that businesses need to move projects forward. Regardless of the size of your business or the scale of the project, we embrace the unique complexity that comes with doing business in an evolving economy.
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.
United States Law Practice Management
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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.

What Is a Stay Interview?

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:

  • What do you look forward to each day at work?
  • What aspects of your job are most fulfilling?
  • What would make your role more rewarding or effective?
  • When was the last time you considered leaving, and what prompted that thought?
  • How can management better support your career goals?

How Stay Interviews Differ from Other Conversations

Stay interviews often get confused with other forms of employee feedback. However, their purpose and outcomes are distinct.

  • Performance Reviews: Focus on evaluating results from the past year, while stay interviews are forward-looking and employee-centered.
  • Engagement Surveys: Provide anonymous, organization-wide data, whereas stay interviews offer personalized, actionable feedback.
  • Exit Interviews: Seek to understand why an employee left, while stay interviews aim to address concerns before that point.

The Benefits and Risks of Stay Interviews

When conducted correctly, stay interviews can produce meaningful organizational benefits such as:

  • Identifying what motivates or frustrates employees
  • Strengthening communication and trust between managers and staff
  • Increasing retention rates and morale
  • Detecting concerns early and resolving them promptly
  • Aligning professional development with individual goals

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.

Best Practices for Conducting Stay Interviews

Employers can maximize the value of stay interviews and reduce potential legal risks by following a few key practices.

Conduct Interviews Regularly and Consistently

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.

Select the Appropriate Interviewer

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.

Create a Comfortable, Confidential Setting

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.

Practice Active Listening and Take Accurate Notes

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.

Follow Up with an Action Plan

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.

Limit Legal Exposure

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.

Work With Experienced Employment Counsel

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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